On October 31, 2016, the Fourth Circuit Court of Appeals issued a decision that confirmed an employer’s right to take adverse employment action against an employee who fraudulently uses FMLA leave. In Sharif v. United Airlines, Inc., Case No. 15-1747 (4th Cir., Oct. 31, 2016), the Court upheld United Airlines decision to discharge
Department of Labor to Seek Feedback Regarding the Family and Medical Leave Act
By Jackson Lewis P.C. on
The U.S. Department of Labor (DOL) is looking to collect data from employers and employees regarding their respective “need for” and “experience with” the Family and Medical Leave Act (FMLA). The data collection period is expected to occur in 2017 and 2018. From employees, the survey will seek information regarding “use of leave, need for…
Be Wary of Potential FMLA Violation before Terminating an Employee for Failure to Meet Performance Standards During Intermittent Leave
By Tasos C. Paindiris on
Posted in FMLA
It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule. Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essential functions of the job. However,…
Enhanced FMLA Fitness-for-Duty Certification Provides Comfort to Employers
By Ellison F. McCoy on
An employee’s return to work following an extended FMLA leave for a serious health condition of the employee often creates concerns on the part of the employer. In these situations, employers frequently question whether the employee is really able to perform the essential functions of the job and whether returning the employee to work may…
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger on
Posted in FMLA, Uncategorized
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. Over the upcoming months, we are going to highlight some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Being too restrictive on what constitutes a serious health condition.…
FMLA and ADA Claims Dismissed Where Employer Continued Misconduct Investigation During Employee’s Three Leaves
By Alison Jacobs Wice on
The situation is not that uncommon. An employer learns of a performance incident and the employee involved promptly requests FMLA leave. The employer then must decide how to address the incident while avoiding the risk of an FMLA or ADA claim. Will the law protect an employer that provides the employee FMLA leave while investigating…
“Significant Evidence of Untruthfulness” During FMLA Leave Gives Employer “Honest Belief” to Terminate Plaintiff
By Alison Jacobs Wice on
Posted in FMLA
Add another FMLA victory for an employer who terminated a plaintiff based on its “honest belief” that the plaintiff was misusing FMLA leave. The U.S. Court of Appeals for the 10th Circuit affirmed summary judgment for the employer on the plaintiff’s FMLA interference claim. Dalpiaz v. Carbon County Utah (10th Cir. July 25, 2014).…
Denying Receipt of FMLA Notices May be Enough to Survive Summary Judgment
By Jackson Lewis P.C. on
Posted in FMLA
An employee’s denial of receipt of mailed FMLA notices can create an issue of fact for the jury, allowing FMLA claims to survive summary judgment, the Third Circuit held last week. Lupyan v. Corinthian Colleges, Inc., (3rd Cir. August 5, 2014).
The district court had previously granted summary judgment to Corinthian on Lupyan’s FMLA…
ADA, FMLA and Section 503 Violations to Be Considered in Award of Federal Contracts
Posted on
A contractor’s violations of 14 federal statutes (and equivalent state statutes) must be taken into account by contracting agencies when considering contract awards, according to an Executive Order signed by President Obama on July 31, 2014. The ADA, FMLA and Section 503 of the Rehabilitation Act are among the 14 listed statutes. For additional information…
Who Cares? An Employee Who Cares for her Daughter and Grandchildren Cares under the FMLA
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Posted in FMLA, Uncategorized
An employee may take leave under the FMLA to care for a child with a serious health condition, even a child 18 years of age or older who is incapable of self-care due to a disability. But an employee may not normally take FMLA leave to care for a grandchild. A recent decision by the…