Offering Practical Guidance to Employers
While the principle seems straightforward, the Eleventh Circuit confirmed in Patrick Hurley v. Kent of Naples, Inc., et al.ss (11th Cir. March 20, 2014) that an employee must request FMLA-qualifying leave to garner the law’s protections. Requesting “potentially qualifying leave” is not enough.
The Eleventh Circuit vacated a lower court’s $1 million judgment in…
From the beginning of FMLA-time in 1993, the U.S. Department of Labor FMLA regulations have required employers to designate leave as FMLA leave “[w]hen the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason.” 29 CFR § 825.300(d). The DOL’s injunction seemed mandatory and many an employer has…
“Trust, but verify,” the Russian proverb used often by former President Ronald Reagan, suggests an approach many employers would welcome when it comes to employee use of intermittent leave under the FMLA. Sure, the employee said he was taking intermittent leave pursuant to his FMLA certification. But can an employer verify that the absence was…
If you are well enough to fish in fishing tournaments, you are well enough to come to work, right? Most employers, I suspect, would agree with that view and would be quite upset to learn that an employee on paid FMLA leave was on the road, fishing in tournaments, earning prize money. But the situation,…
The Supreme Court of the United States agrees to hear—“grants certiorari”—very few cases. Because of this, the maxim has developed that ““it’s a long, long way to certiorari,” a variation of the British music hall song, “It’s a Long Way to Tipperary.” One of the reasons the Supreme Court may agree to hear a case…
Allegations concerning an employer’s pre-FMLA leave comments were sufficient to plead an FMLA “discouraging” claim, according to a federal district court in New York. Bailey Stoler et al v. Institute For Integrative Nutrition and Joshua Rosenthal (S.D.N.Y. November 18, 2013). In this putative class action complaint, the plaintiffs alleged that defendants consider female employees’ potential…
"Approved." Due to an email containing that single word, the Eleventh Circuit Court of Appeals found itself addressing an FMLA issue that is somewhat of a paradox–whether to expand FMLA coverage to absences not covered by the FMLA…when an employer has approved FMLA leave for the uncovered absence. Put in a legal framework, the issue…
In FMLA "caring for" cases, there is usually no dispute that the cared-for relative has a serious health condition. We have posted here, here and here about such cases.
But in Mezu v. Morgan State University, (D.Md July 29, 2013), that was precisely the issue. The plaintiff claimed her employer interfered with her…
An employee who did not follow his employer’s call-in requirements under its attendance policy or provide an appropriate medical certification supporting his need for leave under the FMLA has failed to establish a claim for interference with his FMLA rights, according to the Sixth Circuit. Srouder, et al. v. Dana Light Axle Mfg, LLC,, (6th…
The Supreme Court’s decision in U.S. v. Windsor adds to employer obligations under the FMLA by expanding the group of individuals who may be a “spouse” for FMLA purposes. At issue in Windsor was whether Section 3 of DOMA violated the Fifth Amendment’s Equal Protection Clause as applied to the Federal Government. Section 3 of…
