By Jessica Arnold, JD
The 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently affirmed the dismissal of a former employee’s retaliation claim under the Family and Medical Leave Act (FMLA), finding the employer’s approval of his request for intermittent leave at the time of his discharge was insufficient to establish a causal connection between the leave and his discharge.
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This case serves as a reminder that employees who are approved for FMLA leave are still subject to disciplinary action. However, it’s important to make sure that any discipline is well documented and based on legitimate nonretaliatory reasons. Read More.