The Seventh Circuit Court of Appeals recently held that the Family and Medical Leave Act (FMLA) does not require actual denial of FMLA leave to find liability based on interference with FMLA rights.
Articles Discussing FMLA Interference Claims.
FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature
In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School Board and individual defendants, finding that discovery was necessary to determine
‘No Harm, No Foul,’ Says the Seventh Circuit in an FMLA Interference Case
The Seventh Circuit Court of Appeals recently affirmed summary judgment on behalf of an employer that was sued in an interference claim under the Family and Medical Leave Act (FMLA).
FMLA Interference and Discrimination Claims Survive Despite FMLA Ineligibility
A federal district court in Wisconsin analyzed whether an employee’s Family and Medical Leave Act (FMLA) interference and discrimination claims may exist if the employee was ineligible for FMLA leave at the time the leave request was made.
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.
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