The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more
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
On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more
In a recent decision, the United States Court of Appeals for the Seventh Circuit clarified that an employer can violate the Family and Medical Leave Act (“FMLA”) by discouraging an employee from taking FMLA leave, even...more
On June 1, 2022, in the case of Salvatore Ziccarelli v. Thomas J. Dart, et al., the Seventh Circuit rendered an opinion clarifying that an employer can violate the Family and Medical Leave Act (FMLA) by discouraging an...more
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more
Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may...more
The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more