Articles Posted in Family and Medical Leave

According to this recent Seventh Circuit’s opinion, “when [the plaintiff] returned from medical leave, her employer … did not allow her to return to her previous position as a lead teacher at her school. Instead, it placed her in a backwater position with fewer responsibilities that required her to split her time between different schools. After a bench trial, the district court determined that the defendant had violated the Family and Medical Leave Act.”

But here’s the thing. The court awarded the plaintiff no money.

Zip. Zilch. Nada.

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An employer fires an employee after the company has approved him for intermittent leave under the Family and Medical Leave Act. The employee begins taking leave in separate blocks of time for a single qualifying reason. Then, the employer fires the employee. So the employee claims FMLA interference.

What exactly is FMLA interference? How does an employee prove it? And what are some defenses? Continue reading

The ink was barely dry on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization when the U.S. Department of Labor released a statement in which the agency confirmed that it would continue “empowering women using every tool” available. Continue reading

Two posts in one week about interference with Family and Medical Leave Act rights. Continue reading

“Clairvoyance,” that’s a 10th-grade word. Let me Google it just in case.

Ok, we’re good. Continue reading

May is Mental Health Month. The U.S. Department of Labor’s Wage and Hour Division, which enforces the Family and Medical Leave Act, just dropped some additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with the FMLA.

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Last night, I went through my Google Drive of older cases about which I had intended to blog but never gotten around to it. And I found this Fifth Circuit Family and Medical Leave Act decision involving a company that fired an employee two months into his leave.

The issue was whether the employee had sufficiently pled causes of action for FMLA interference and retaliation. Continue reading