$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

By McGuireWoods LLP – June 26, 2019 It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for medical leave. A recent decision from the Massachusetts Supreme Judicial Court…

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Keeping FMLA Usage Confidential Pays Off For USPS: Employee Failed To Prove Retaliation Claim

By Jody M. Florence – July 10, 2018 An employee’s retaliation claim under the Family and Medical Leave Act (FMLA) failed because he was unable to prove that the managers who decided to temporarily transfer him knew about his FMLA leave, according to the 6th U.S. Circuit Court of Appeals. A manager of customer services…

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Second Circuit Lowers Bar for Causation in FMLA Retaliation Claims

By Ogletree, Deakins, Nash, Smoak & Stewart, P.C. July 27, 2017 The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights under the FMLA, such as taking…

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