Archives: FMLA

Subscribe to FMLA RSS Feed

Improving Someone Else’s Health (by Organ Donation) Qualifies an Employee for FMLA Leave

The United States Department of Labor (“DOL”) has just issued an Opinion Letter concluding that organ-donation surgery can qualify as a “serious health condition” under the FMLA.  Specifically, the Opinion Letter affirmatively answered whether an employee may use FMLA leave for post-operative treatment where the employee donates an organ, even when the donor is in … Continue Reading

Hospital Compliance Officer’s Opposition to Termination of Co-Worker States a Claim of FMLA Retaliation

The United States District Court for the District of Columbia recently denied a Hospital’s motion to dismiss a Family and Medical Leave Act (“FMLA”) retaliation claim by a senior officer because of the close time proximity between a protest of alleged discriminatory treatment of a co-worker and the protester’s own discharge.  Lott v. Not-For-Profit Hospital … Continue Reading

An Employee’s Workplace Asthma Attack May Trigger FMLA Protections

Many times, timing is everything (or nearly so).  For example, in Dighello v. Thurston Foods, Inc. (and unlike the Eleventh Circuit’s ruling in Bailey v. Oakwood Healthcare, Inc., about which we recently wrote), the trial court held that a plaintiff who was discharged shortly after suffering an asthma attack at work plausibly alleged an FMLA retaliation … Continue Reading

Employer’s FMLA Policy and Legitimate Business Reason Lead to Early Dismissal of Employee’s Claim

In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker  failed to follow Defendant’s FMLA notice requirements when requesting leave.  As discussed below, Plaintiff’s ADA claim also was dismissed. In this lawsuit,  Plaintiff alleged, among other things, that Defendant retaliated against him for requesting FMLA … Continue Reading

Employee’s ADA and FMLA Claims Survive Summary Judgment After Leaving Work Early To Go To Hospital

In Knight v. Barry Callebaut USA Service Company, Inc., the United States District Court of the Eastern District of Pennsylvania denied an employer’s motion for summary judgment on claims brought by a terminated employee under the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”).  During the work day, the employee … Continue Reading

Failure to Provide Documentation, Misconduct, Defeats FMLA Retaliation Claim in the Process

The U.S. District Court for the Southern District of New York recently granted an employer’s motion for summary judgment dismissing wrongful termination claims. Cruz v. Wyckoff Heights Med. Ctr., No. 13 Civ. 8355 (S.D.N.Y. Sept. 23, 2016).  In Cruz,  plaintiff used intermittent leave under the Family and Medical Leave Act (“FMLA”) for ulcerative colitis from … Continue Reading

Dismissal of Claims of Unlawful Discharge for Using FMLA Leave Highlight Importance of Accurate Record Keeping And Consistent Explanations For Employee Terminations

Too often weak claims of employment discrimination gain strength when employers fail to properly document and support with documentation the legitimate, non-discriminatory reasons for an employee’s termination.  While the burden of proof never leaves the claimant, and there is no explicit legal obligation to document the basis for personnel decisions, jurors may develop a negative … Continue Reading
LexBlog