The vacation request of an employee suffering from depression and anxiety did not qualify as a request for leave under the Family and Medical Leave Act (FMLA), said the 11th U.S. Circuit Court of Appeals. While the request might prove medically beneficial, it did not qualify for FMLA protection, as it did not include any
FMLA
Pregnancy-related statements by managers help employee to avoid summary judgment on pregnancy discrimination claim.
By Maria Danaher on
In an unpublished opinion, the U.S. District Court of Appeals for the 6th Circuit reversed a lower court’s dismissal of a pregnancy discrimination claim, finding that an employer’s “no accommodation for non-work-related injuries” raised an issue of pregnancy discrimination for a jury. Latowski v. Northwoods Nursing Center, 6th Cir., No. 12-2408, December 23, 2013.
Jennifer…
Termination of employee for entering alcohol rehab after a last chance agreement not necessarily a violation of the ADA.
By Maria Danaher on
One of the questions asked most often by employers relates to whether the enforcement of a “last chance agreement” with an employee who is recovering from drug or alcohol addiction is a per se violation of the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). The 3d U.S. Circuit Court…
Employee’s failure to return from FMLA leave in a timely manner supports summary judgment for employer under the ADA.
By Maria Danaher on
In an unpublished opinion issued on October 8, 2013, the 5th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer on a claim under the Americans with Disabilities Act (ADA). The interesting – and somewhat unexpected – basis of the decision was the fact that the plaintiff/employee’s termination was based…
Positive performance reviews do not negate employer’s ability to fire employee upon discovery of previously unknown poor performance.
By Maria Danaher on
Posted in FMLA
According to the 4th U.S. Circuit Court of Appeals, evidence of previously unknown poor performance is sufficient basis for an employee’s, even if that evidence is discovered during that employee’s Family and Medical Leave Act (FMLA) leave.Mercer v. The Arc of Prince Georges County, Inc., 4th Cir., No. 13-1300, unpubl., July 11, 2013.…
Facebook postings showing misuse of FMLA leave can form sufficient legal basis for termination.
By Maria Danaher on
Posted in FMLA
Based on the number of “Facebook” decisions from the National Labor Relations Board over the past two years, most employers understand that when employee Facebook postings constitute “protected activity” under the National Labor Relations Act, the postings can be legally protected. However, the NLRA is not the only federal law that can be implicated in…
Employer has no obligation to provide “light duty” assignment under FMLA or ADA.
By Maria Danaher on
The use of light duty assignments to employees who are returning to work after recuperation from an illness or injury is an often used mechanism. The 7th U.S. Circuit Court of Appeals has held that neither the Family and Medical Leave Act (FMLA) nor the Americans with Disabilities Act (ADA) creates an obligation for an…
Assignment to a lesser position upon return from leave may support FMLA interference claim.
By Maria Danaher on
Posted in FMLA
The 11th U.S. Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from Family and Medical Leave Act (FMLA) leave created an issue of material fact that required a jury to determine whether …
Temporal proximity between FMLA leave and firing does not always lead to successful legal claim.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) continues to create administrative challenges for employers. One particular issue of concern is the discipline and or termination of an employee who has requested or is on FMLA leave. The 10th U.S. Circuit Court of Appeals recently upheld the dismissal of an individual’s interference and retaliation claims in…
Employee’s signs of severe emotional distress and anxiety may constitute a “report” of the need for FMLA leave.
By Maria Danaher on
Posted in FMLA
To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that he or she has put the employer on notice that an absence may be covered by the FMLA. This ordinarily means that at least verbal notice must be provided to the employer within one or two…