Statute
Family and Medical Leave Act
1,443 published works
HR Law Talk
Employee Not Yet Eligible for Leave Still Protected Under FMLA
Assume an employee asks for leave, to be taken in the future. At the time of the request, the employee is not covered by the FMLA because the employee has…
Employment Law Worldview
The Proper Standard of Proof in FMLA Interference Cases
On January 17, 2012, nearly twenty years after the introduction of the Family and Medical Leave Act (“FMLA”), the Sixth Circuit clarifies the proper standard of proof for FMLA interference…
Hunton Employment & Labor Perspectives
Five 2011 FMLA Cases That Give Guidance To Employers In 2012
Despite its enactment nearly two decades ago, the Family and Medical Leave Act (FMLA) continues to evolve through judicial interpretation. The following five cases from 2011 present lessons of which…
Disability, Leave & Health Management Blog
Terminated Employee Who Made Pre-Eligibility Request for Post-Eligibility Leave May Pursue FMLA Interference and Retaliation Claims; Court Rejects FMLA Loophole
A terminated employee who had made a “pre-eligibility request” for a ”post-eligibility leave” can pursue FMLA interference and retaliation claims, according to the United States Court of Appeals for the…
Sixth Circuit Appellate Blog
Sixth Circuit Finds Bad Faith in Employer’s FMLA Termination
The Sixth Circuit ruled last Friday in favor of Carl Thom in his claim under the Family Medical Leave Act (FMLA) against American Standard, Inc. Thom v. American Standard, Inc., Case…
Disability, Leave & Health Management Blog
FMLA Claim Must Be Arbitrated Due to Union Contract Waiver of Judicial Forum
An employee must arbitrate his FMLA claim where the labor contract governing his employment waived his right to pursue employment claims in court, according to the United States Court of…
BeLabor the Point
Federal Appellate Court Holds That FMLA Protects A Pre-Eligibility Request for Post-Eligibility Leave
The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled…
Employer Law Report
The Sixth Circuit Settles It: FMLA Interference Claims Should Be Evaluated Under the McDonnell Douglas Framework
Even though the FMLA has been around since 1993, the Sixth Circuit did not get around to designating the appropriate framework for reviewing FMLA interference claims until January 17, 2012.
HR Law Talk
Employers Beware – “How” You Do Is Often As Material As “What” You Do
A recent ruling reinforces that “how” an employer does what it does often is as important as what it does. The case appeared relatively straightforward. An employee missed a work…
FMLA Insights
FMLA FAQ: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?
By Jeff Nowak
Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave? A. It depends, particularly after a federal appellate court handed down a ruling…