Family Medical Leave Act (FMLA)

Fired for F-Bombs?

the situation You have received some reports that one of your supervisors is demeaning and hostile toward employees and “drops f-bombs on a daily basis.”  You investigate the complaints and determine that the complaints are substantiated.  You counsel the supervisor but don’t take any formal disciplinary action. The supervisor then lets you know he may […]

READ MORE

Did She Quit or was She Fired? In FMLA Context, Could Mean Liquidated Damages

the situation Your HR Director is under a lot of stress—both based on some personal issues and some issues between her and the CEO. According to the CEO, during a heated conversation, she quits. She claims she just told the CEO that she was thinking of quitting and that she was actually fired when she […]

READ MORE

Get your story straight—employer’s change in explanation can be evidence of pretext

Yet again, an employer is burned by asserting inconsistent reasons for the termination of an employee.  In a recent case, the Eighth Circuit Court of Appeals found that an employee had presented sufficient evidence of an unlawful termination based on his use of FMLA leave where the employer offered differing stories as to the reason […]

READ MORE

DOL Amends Definition of Spouse in FMLA Regulations

The big news from the Department of Labor this week was the amendment of the definition of “spouse” in the regulations applying the FMLA. Of course, in 2013, the Supreme Court found that Section 3 of the Defense of Marriage Act (“DOMA”) was unconstitutional in United States v. Windsor, 570 U.S. ___ (2013). Following this […]

READ MORE

No FMLA Retaliation Where Employer Can Show Employee Terminated for Improperly Accessing Supervisor’s Email

The decision of the United States District Court for the Western District of Virginia in the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083 regarding what constitutes a claim for interference in violation of the FMLA was the topic of a posting from a few months ago. The district court had found […]

READ MORE

Expert Testimony Not Necessary to Support FMLA Claim

In order to be entitled to FMLA leave, an employee must be able to show that he or she is afflicted with a serious health condition and that the condition renders him or her unable to perform the essential functions of her job. But is a plaintiff who has brought a claim under the FMLA required to present expert testimony verifying that a serious health condition rendered him or her unable to work? Recently, the Seventh Circuit Court of Appeals reversed the district court’s award of summary judgment to an employer on this issue, finding that expert testimony is not necessary in order to make this showing. Hansen v. Fincantieri Marine Group, LLC, et al., No. 13-3391 (7th Cir. August 18, 2014).

READ MORE

Right to FMLA Leave Not Forfeited Based on Failure to Provide Anticipated Duration

If an employee properly requests FMLA leave, but fails to advise her employer of how long she plans to be out, is the employer obligated to hold the position open? Late last month, the Seventh Circuit decided that yes, in a situation involving unforeseeable leave, the employer is still obligated to allow the employee to […]

READ MORE

DOL Proposed Rule Redefines “Spouse” Under FMLA

In the wake of the United States Supreme Court’s decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Department of Labor has issued a proposed rule changing the definition of “spouse” under the FMLA. This proposed rule, issued on June 20, 2014, would insure that all eligible employees who are legally married, […]

READ MORE

FMLA Interference v. Retaliation—No Interference Claim Where No Denial of FMLA Benefits

In the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083, the United States District Court for the Western District of Virginia addressed the question of what constitutes a claim for interference in violation of the FMLA.  The plaintiff in this case asserted claims of both interference and retaliation in violation of the […]

READ MORE

Request for Vacation Not Protected by FMLA and Cannot Support Interference Claim

Does an employee’s request for leave have to be protected by the FMLA to give rise to a potential interference or retaliation claim? Last month, the Eleventh Circuit answer said yes in the case of Hurley v. Kent of Naples, Inc., et al., No. 13-10298 (11th Cir. 2014). Hurley was employed as the CEO for […]

READ MORE