Total Articles: 9
Sixth Circuit Decides McDonnell Douglas Applies to FMLA Interference Claims
Donald v. Sybra, Inc., No. 10-2153, 2012 WL 117612 (6th Cir. Jan. 17, 2012) has settled the issue of whether FMLA interference claims should be evaluated under the McDonnell Douglas framework in the Sixth Circuit. The Donald court held that the McDonnell Douglas test applies.
Failing to Return Employee's Phone Calls May Be FMLA Retaliation
During a webinar I conducted last month with the EEOC's John Hendrickson regarding "leave" as a reasonable accommodation under the ADA, I pleaded with, begged, cajoled employers to maintain regular contact with an employee while he or she is on FMLA leave. Here is another reason to heed this advice - failing to do so may increase your risk of an FMLA retaliation claim.
Ninth Circuit Defines FMLA Interference Claim
Hello, it's been a while. I've missed you. You never write. You never tweet. Alas. But I press on to write about the FMLA.
Did Weekly Calls To Employee Interfere With FMLA?
That is the question a federal district court in Arkansas recently held would have to be resolved by a jury, and one that should concern any employer seeking to control the abuse of FMLA leave. Terwilliger v Howard Mem Hosp.pdf
Employer's frequent calls to employee during FMLA may create interference with that leave.
Under the Family and Medical Leave Act (FMLA), an employer is prohibited from denying, restraining, or interfering with an employee’s rights to qualified leave. One federal court recently found that an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with the employee’s FMLA rights.
Supervisor's Statements May Entitle Employee To FMLA.
To establish a claim of interference with rights under the FMLA, an employee must ordinarily demonstrate that he or she was entitled to FMLA leave. However, a recent decision by the Eighth Circuit Court of Appeals confirms that by affirmatively telling an employee that her leave is protected by the FMLA, an employer may waive its right to contest the employee's entitlement to leave.
Cleaning Up Mom's Flooded Basement Not Protected by FMLA.
For employers, it pays to listen closely to the reason for which an employee requests time off, since the reason may not always be covered by the FMLA. Kind of like occasions when the employee tells you he needs time off to clean his mother's flooded basement.
Employee May Proceed with FMLA Suit (pdf).
Court finds evidence of interference and retaliation.
Ninth Circuit Affirms Summary Judgment For The Employer Holding That Employee's Termination Did Not Violate Family And Medical Leave Act.
Discusses Bailey v. Southwest Gas Company, 2002 Daily Journal D.A.R. 629 (9th Cir., January 18, 2002), in which the court held that the defendant employer did nothing to interfere with plaintiff's rights under FMLA because, once plaintiff indicated she could not perform her job due to medication, the employer had an obligation to explore plaintiff's status under the FMLA.
