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Employers do not have to ignore misconduct discovered during—or even because of—an employee’s medical leave, the 3rd U.S. Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—has ruled, joining several other circuits.
Checking to see that an employee is using Family and Medical Leave Act (FMLA) leave properly doesn’t necessarily amount to illegal interference with the worker’s rights, a federal appeals court made clear in a recent ruling.
United Airlines was within its rights when it decided to fire an employee who it determined had abused his Family and Medical Leave Act (FMLA) leave. He took 1 day of medical leave in the middle of a planned, 20-day vacation, after unsuccessfully trying to get coworkers to cover his shift, court documents show.
Question: We have an employee who is currently on FMLA leave, has a brain tumor, and has been cleared by her doctor to work part time. can we ask the employee to sign a waiver in case anything happens to her while at work?
By Edward O. Sweeney, Coughlin & Gerhart, LLP The U.S. Court of Appeals for the 2nd Circuit—which covers Connecticut, New York, and Vermont—recently issued an important decision in which it found that an HR director may be deemed “individually” liable under the Family and Medical Leave Act (FMLA).
An employee who was “forced” to work both during her pregnancy and immediately after her child’s birth, rather than take leave under the Family and Medical Leave Act, may have a viable FMLA interference claim when the employer later penalizes her, to the point of employment termination, for alleged poor performance, the 11th U.S. Circuit […]
by Jason R. Mau Since 1993, the Family and Medical Leave Act (FMLA) has provided eligible employees with job security for unpaid leave related to certain family and medical issues, including serious health conditions and the care of a newborn baby, a newly placed foster child, or an adopted child. The serious health condition protections […]