Articles Posted in Family and Medical Leave


Chances are, if one of your employees complained externally about discrimination, the U.S. Equal Employment Opportunity Commission was all up in your company’s business. Perhaps your business has had the not-so-good fortune of undergoing a Fair Labor Standards Act or Family and Medical Leave Act audit from the U.S. Department of Labor.

Late last week, the two federal watchdogs announced a partnership. Continue reading


At a bench trial in a Virginia federal court in 2021, with only a Family and Medical Leave Act interference at stake, the judge concluded, “[I]t’s obvious that there is definitely liability because there was clearly a violation of the FMLA. I mean, there’s just no question about it.”

But when the plaintiff asked the court to award her front and back pay, it denied her any relief in connection with the defendant’s failure to promote her after returning from medical leave.


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In early 2020, an employee at a global food supplier left work early with flu-like symptoms. That day she obtained a doctor’s note recommending that she “stay out of work for three days, from February 19-21, 2020.” The employee requested to have five days off to recuperate. However, the note said nothing about her inability to work beyond those three days. Her employer terminated her on February 21.

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On June 16, 2017, an employer issued furlough notices to employees at its West Virginia facility. Over the following weeks, 65 or so employees submitted forms requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty. The forms were similar in content; all were signed by one of two chiropractors, and all called for a medical leave of eight weeks or more.

What would you do in that situation? Continue reading


The Family and Medical Leave Act guarantees eligible employees up to 12 workweeks of leave in a 12-month period for a qualifying reason, such as taking care of a parent with a serious health condition. Employers, on the other hand, cannot interfere with employees’ FMLA rights.

But, are there circumstances in which an employer can provide FMLA leave to an eligible employee and then require them to work extra time — maybe a Saturday — to make up the time they missed?

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“Doing What’s Right – Not Just What’s Legal”
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