Category Archives: FMLA

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Employer’s Honest Belief Sufficient to Defeat FMLA Retaliation Claim

In a welcome decision to employers, the Third Circuit decided last week, for the first time, that an employer’s mere “honest belief” that an employee misused FMLA leave is sufficient to defeat a retaliation claim. As an employee claiming retaliation for using protected FMLA leave must prove that the very exercise of that right was a … Continue Reading

Massachusetts’ Parental Leave Law to Offer Same Leave Benefits to Male and Female Employees

Written by Terence P. McCourt and Jack S. Gearan Beginning April 7, 2015, Massachusetts employers with six or more employees will be required to provide the same benefits and protections afforded by the Massachusetts Maternity Leave Act to both male and female employees, including eight weeks of job-protected leave for adoption or birth of a child. … Continue Reading

Third Circuit Increases Liability for Employers Issuing Routine Mandatory FMLA Notices

In an important decision, the Third Circuit recently held in Lupyan v. Corinthian Colleges, Inc. that an employee’s sworn statement — and nothing more — that she did not receive management’s mailed notification that her leave was designated as qualifying under the Family and Medical Leave Act (FMLA), created a fact question precluding summary judgment … Continue Reading

Consider FMLA Implications When Disciplining an Employee for Unauthorized Absences

A recent Middle District of Florida decision highlights the need for employers to consider implications under the Family and Medical Leave Act (FMLA) when disciplining an employee for unauthorized or excessive absences. In Hoopingarner v. Corinthian Colleges, Inc., an employee fired for excessive absences claimed the employer interfered with his FMLA rights by characterizing FMLA qualifying leave as unauthorized absences. … Continue Reading

Leaves of Absence and the ADA

One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with … Continue Reading
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