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D’Onofrio v. Vacation Publications (5th Cir. Apr 23, 2018)

Articles Discussing Case:

Are You Interfering With FMLA Rights If You Offer The Option to Work During Leave?

Jackson Lewis P.C. • May 01, 2018
Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours while taking time off to care for a family member that is generally treated as a request by the employee for reduced schedule or intermittent leave. But what happens if the employee requests a continuous leave and the employer tells the employee she can continue working a limited schedule if she wants to? What if the employee interprets the “offer” as a “request?” This issue was recently addressed by the Fifth Circuit Court of Appeals in D’Onofrio v. Vacation Publications (5th Cir. Apr 23, 2018).