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How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more
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
In the Third Circuit, an employer’s honest belief that an employee committed misconduct can now serve as a defense to a retaliation claim under the FMLA. With the recent decision in Capps v. Mondelez Global, LLC the Third...more
The Family and Medical Leave Act provides laudable protections to employees and their families. But FMLA leave is sometimes abused. That abuse drives up costs for employers and creates red tape and administrative hassles for...more
Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement...more