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
Insufficient medical information justifies refusal of FMLA leave.
By Maria Danaher on
Posted in FMLA
The federal regulations that support the Family and Medical Leave Act require that an employee submit to his or her employer certain medical facts within the knowledge of the employee’s health care provider, including information related to the incapacitation, examination, or treatment that may be required by a health care provider. The 9th U.S. Circuit…
Employee’s failure to respond to phone calls from employer regarding his request for FMLA leave precludes a claim against employer under that Act.
By Maria Danaher on
Posted in FMLA
Most employers recognize that the Family and Medical Leave Act (FMLA) prohibits them from denying, restraining, or interfering with an employee’s rights to qualified leave. Last week’s Update addressed a situation in which an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may…
Employer’s frequent calls to employee during FMLA may create interference with that leave.
By Maria Danaher on
Posted in FMLA
Under the Family and Medical Leave Act (FMLA), an employer is prohibited from denying, restraining, or interfering with an employee’s rights to qualified leave. One federal court recently found that an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with…
Employer can require compliance with call-in policy, even during FMLA leave.
By Maria Danaher on
Posted in FMLA
The 8th U.S. Circuit Court of Appeals has held that an employee who was fired for repeatedly violating her employer’s call-in policy cannot proceed with her lawsuit under the FMLA. Thompson v. CenturyTel of Central Arkansas,LLC, 8th Cir, No. 09-3602, December 3, 2010.
Loretta Thompson began working for CenturyTel, a telecommunications company, in 2003. In…
Employer should allow certification period to expire before taking adverse action based on employee’s failure to provide FMLA medical certification.
By Maria Danaher on
Posted in FMLA
The 6th U.S. Circuit Court of Appeals has held that an employer must wait until the expiration of the medical certification period in order to deny FMLA leave to an employee. Branham v. Gannett Satellite Information Network, Inc., 6th Cir., No. 09-6149, September 2, 2010.
Deborah Branham filed suit against her employer, The Dickson Herald…
Impaired employee may be excused from heightened reporting requirement for FMLA leave.
By Maria Danaher on
Posted in FMLA
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employer’s heightened reporting requirements associated with FMLA leave. Saenz v. Harlingen Medical Center, LP, 5th Circ., No. 09-40887, August 2, 2010.
In order to take a leave under the Family and Medical Leave…
FMLA rights regarding childcare may apply without specific legal or biological relationship.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) establishes protected leave for specific circumstances, including the birth or placement of a son or daughter, care of a newborn or newly placed son or daughter, and care for a son or daughter with a serious health condition. On June 22, 2010, the Wage and Hour Division of …
Third Circuit says lay testimony can help to establish “serious health condition” under FMLA.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) entitles an eligible employee to 12 weeks of leave, but only if the employee can show that he or she suffers from a “serious health condition that makes the employee unable to perform the functions of the position of such employee.” The Act defines a serious health condition…
Inconsistent performance appraisal scores may support FMLA interference claim.
By Maria Danaher on
Posted in FMLA
In an unpublished opinion, the 6th U.S. Circuit Court of Appeals has held that an employee’s appraisal score, given during a Reduction in Force (RIF) review, that was significantly lower than an annual performance review score given only 20 days earlier might support a jury’s finding that the true reason for the employee’s layoff was…