The U.S. District Court for the Middle District of Pennsylvania recently re-visited a case on remand from the Third Circuit, and allowed an insurance company employee’s claims of FMLA interference and retaliation to go forward. Erdman v. Nationwide Insurance Co., M.D. Pa., No. 1:05-cv-0944, 1/15/10. The case is noteworthy on more than one point: first
Termination for poor performance discussed prior to FMLA leave does not support retaliation claim.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act prohibits employers from discriminating against employees who have taken leave under that Act. However, the 7th U.S. Circuit Court of Appeals has affirmed summary judgment in favor of an employer who terminated an individual for excessive absenteeism and performance issues that developed prior to that employee’s request for FMLA…
FMLA amended to expand available time for leave related to family members in the Armed Forces.
By Maria Danaher on
On October 28, 2009, President Obama signed the National Defense Authorization Act (NDAA), which includes provisions that expand the military leave entitlements of the Family and Medical Leave Act (FMLA) by expanding both the “qualifying exigency” leave and military caregiver leave that became effective in January 2008.
Prior to these new amendments, an eligible employee…
Employee must provide information sufficient to trigger notice of need for FMLA leave.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) was designed, in large part, to protect the medical needs of employees with serious health conditions. The Department of Labor regulations, which provide guidance to both courts and companies, were revised on January 1, 2009, but continue to require that an employee provide notice of the need for…
Evidence of misconduct discovered during FMLA leave may support employee termination.
By Maria Danaher on
Posted in FMLA
An employee who takes leave under the Family and Medical Leave Act (FMLA) is entitled – in most instances – to be reinstated to his or her former position, with equivalent pay and benefits, upon expiration of that leave. However, an employee is not entitled to a position or other benefit of employment to which…
Employee’s alteration of healthcare provider’s form may invalidate FMLA application.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) entitles eligible employees to 12 weeks of leave during a 12-month period under certain circumstances which include a “serious medical condition.” An employer is allowed, under the regulations associated with the FMLA, to require an employee to document his or her medical condition, and further may require the…
FMLA allows an employer to base termination on performance problems discovered during an employee’s leave.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act allows individuals to take unpaid leave from work and requires that in most cases, such individuals be returned to their prior position or an equivalent one upon return from the leave. The 7th U.S. Circuit Court of Appeals has clarified that requirement, and has held that when an employer…
An employee who is unable to return to work after 12 weeks of FMLA leave no longer has the protections of that act
By Marla Presley on
The Family and Medical Leave Act (FMLA) generally provides 12 weeks of unpaid leave during a 12-month period to an eligible employee suffering from a serious health condition. An employee who takes FMLA leave is entitled to be restored to the job he or she held at the time the leave commenced, or to an…
FMLA protects the intention to take leave at a future date.
By Marla Presley on
Posted in FMLA
The Family and Medical leave Act allows “eligible” employees to take unpaid leave for reasons articulated in that act, including leave of up to 12 workweeks during a 12-month period for the birth or adoption of a child. The act defines “eligible employee” as one who has been employed for at least 12 months and…
Employer does not violate FMLA by having daily call-in policy
By Marla Presley on
Posted in FMLA
The 8th U.S. Circuit Court of Appeals recently upheld summary judgment in favor of an employer who discharged an employee for failing to follow a company policy requiring employees to call in each day during an extended absence. This ruling is notable because the employee previously had been granted leave under the FMLA. Bacon v.