The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to perform the functions of [his or her] position.” Employers are prohibited from interfering with qualified employees’ benefits or leave under the FMLA. However, the 3d
FMLA
Employer’s mistaken allowance of FMLA leave can create liability for retaliation.
In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and having worked for at least 1250 hours within the prior calendar year. Individuals who do not reach those…
Visit to doctor for prescription refill is not “treatment” for purposes of FMLA.
The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to interfere with an employee’s use or attempted use of FMLA leave time. The 7th U.S. Circuit Court of Appeals…
DOL publishes its “plain language” explanation and guidebook for the FMLA.
The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from discriminating or retaliating against an employee who exercises FMLA rights.
Employers and employees alike often are stymied by the administrative complexity of the…
Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.
Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A…
Invalid FMLA certification can form the basis of employment termination.
In order to support a valid claim of retaliation under the Family and Medical Leave Act (FMLA), an employee must demonstrate that the reason given for an adverse employment action was pretextual, and that the employee’s request for or use of FMLA leave was the actual basis of the action. The 6th U.S. Circuit Court…
Alleged comments by HR director sufficient to defeat company’s motion for summary judgment.
Remarks by a law firm’s human resources director could be “direct evidence” of pregnancy discrimination and violation of the FMLA, according to the 7th U.S. District Court of Appeals. According to the court, such evidence falls outside of the “hearsay” objection that might otherwise keep it from being presented to a jury. Makowski v. SmithAmundsen…
Supervisor’s ill-considered e-mail forms the basis of an FMLA lawsuit.
The Family and Medical Leave Act (FMLA) prohibits employers from interfering with an employee’s right to take leave for which that employee is eligible under the Act. Recently, the 7th U.S. Circuit Court of Appeals overturned the dismissal of an employee’s FMLA lawsuit, and sent the case back to the lower court for further proceedings.
To invoke FMLA protection for care of another, some geographic proximity is required by the employee.
In an unpublished opinion, the 5th U.S. Circuit Court of Appeals has held that an individual who requests FMLA leave to care for a seriously ill family member must have some role in providing the “care” required by the relative’s illness. According to the Fifth Circuit, a father who left his seriously injured daughter in…
Plaintiff must demonstrate prejudice in order to be entitled to relief under the FMLA.
The 8th U.S. Circuit Court of Appeals has upheld an employee’s termination for job abandonment, in spite of the fact that the employee argued that he was on FMLA leave at the time of his termination. The court based that holding on the fact that the employee was unable to return to work at the…