News & Analysis as of

FMLA Abuse Employment Litigation

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Genova Burns LLC

Everyone’s Out of Bounds! NJ District Court Finds Employer’s Discretion in Managing Suspected FMLA Abuse is Limited by the...

Genova Burns LLC on

On August 6, 2021, the New Jersey District Court in Calio v. Camden County Board of Chosen Freeholders, denied motions by both an employer and an employee to resolve a dispute over abuse of leave under the Federal Family and...more

Genova Burns LLC

NJ District Court Gives Employers Hope in the Fight Against FMLA Misuse

Genova Burns LLC on

On May 28, 2021, the U.S. District for New Jersey in VanHook v. Cooper Health Systems, granted Cooper’s summary judgment against its employee’s discrimination and retaliation claims under the Family and Medical Leave Act...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Gives Employers Roadmap for Dealing With FMLA Abuse

Of all the questions we receive from employers, those involving suspected abuse of intermittent family and medical leave remain among the most frustrating and difficult to address. While only a minority of employees on...more

Jackson Walker

Is There Anything Improper About Taking a Vacation During FMLA Leave?

Jackson Walker on

While posting vacation photos on Facebook during a leave under the Family and Medical Leave Act (FMLA) is probably not a stellar idea, the question of whether an employee can take a vacation during FMLA leave may not be so...more

Franczek P.C.

Employers, Why Don't You Require That Employees Call Two Phone Numbers to Request FMLA Leave?

Franczek P.C. on

I conducted FMLA training this week for a client making fairly significant changes to the manner it administers FMLA leave. They not only are educating managers about their role and responsibilities under the FMLA, but...more

Troutman Pepper

'Honest Belief' of FMLA Misuse May Defeat Claims

Troutman Pepper on

The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA leave. ...more

Franczek P.C.

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

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