$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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Can Employer Persuade Employee to Work Instead of Taking FMLA Leave Because Her Job is Really Important?

The Facts Evans was employed by Books-A-Million (BAM) as a payroll manager. Evans apparently became pregnant at an inopportune time — right at a time when BAM was implementing a new payroll system. As supervisors are prone to do, Evans’ supervisor told her that BAM “really needed” her to continue to work on the new…

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An Estimate is Just That – 7th Circuit Highlights Important Lessons for Navigating Intermittent FMLA Leave

The U.S. Court of Appeals for the Seventh Circuit recently ruled on two important intermittent Family and Medical Leave Act (FMLA) leave issues in Hansen v. Fincantieri Marine Group. First, the court determined that the FMLA does not require a plaintiff to present expert testimony to prove he was incapacitated for each day for which…

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No Return Date, No Problem: Seventh Circuit Reverses FMLA Summary Judgment for Employer

On June 24, 2014, the U.S. Court of Appeals for the Seventh Circuit held that an employee did not forfeit her right to leave under the Family and Medical Leave Act (“FMLA”) to care for her seriously ill adult daughter by failing to provide her employer with an anticipated date of return. Gienapp v. Harbor…

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