News & Analysis as of

Family and Medical Leave Act (FMLA) Employment Litigation Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

Lessons From the Seventh Circuit on Relying on FMLA Certifications and Requiring the Use of Paid Leave

A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act...more

Pullman & Comley - Labor, Employment and...

ICYMI: Federal Court Clarifies Employee Rights to Workplace Accommodation under the ADA

Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more

Carlton Fields

Florida Appeals Court Decisions Week of February 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Daniels v. Fla Fish & Wildlife - fishing regulations, constitutional challenges, standing - Glover v. Ocwen Loan Serv - FDCPA, mortgage payment fees - Rosado v. Sec’y US Navy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Expands FMLA to Include Care for Sibling When Employee Acts in Parental Role

The Family and Medical Leave Act provides unpaid job-protected leave for a qualified employee to care for a spouse, parent, or child with a serious health condition. This means that FMLA protections do not extend to employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Modern Families: The Sixth Circuit’s Decision Regarding In Loco Parentis Relationships for Adult Siblings and FMLA Claims

The Sixth Circuit Court of Appeals recently issued a significant decision regarding the interpretation of the mysterious “in loco parentis” relationships under the Family and Medical Leave Act (FMLA). Chapman v. Brentlinger...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave

The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second...more

Benesch

11th Circ. FMLA Ruling Deepens Divide Over Causation

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In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms Rejection of FMLA Retaliation Claims

The Family and Medical Leave Act prohibits employers from interfering with or retaliating against an employee who requests FMLA leave. Last week, the Fourth Circuit Court of Appeals (which includes North Carolina, South...more

Littler

Littler Lightbulb – April Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s...more

Steptoe & Johnson PLLC

West Virginia Supreme Court of Appeals Clarifies Employee’s Burden of Proof for FMLA Interference

Steptoe & Johnson PLLC on

The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit: Actual Denial of FMLA Benefits Is Not an Element of FMLA Interference

The Seventh Circuit Court of Appeals recently held that the Family and Medical Leave Act (FMLA) does not require actual denial of FMLA leave to find liability based on interference with FMLA rights. FMLA’s Section...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Foley & Lardner LLP

Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

Foley & Lardner LLP on

A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

‘No Harm, No Foul,’ Says the Seventh Circuit in an FMLA Interference Case

The Seventh Circuit Court of Appeals recently affirmed summary judgment on behalf of an employer that was sued in an interference claim under the Family and Medical Leave Act (FMLA). In the case, Hickey v. Protective Life...more

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

Laner Muchin, Ltd. on

In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Explains Standard for Willful Violation of Family and Medical Leave Act

The statute of limitations for bringing claims under the Family and Medical Leave Act is two years from the last alleged illegal act. However, this period is increased to three years in the event of a willful FMLA violation...more

Franczek P.C.

Illinois Supreme Court Will Opine on District’s Ability to Restrict Sick Leave

Franczek P.C. on

Last month, the Illinois Supreme Court granted a petition for leave to appeal the Illinois Appellate Court’s decision in Dynak v. Board of Education of Wooddale School District 7, 2019 IL App (2d) 180551, which held that a...more

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