A Capehart Scatchard Blog

FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Camden Police Department Did Not Violate FMLA By Visiting Officer While on FMLA Leave

By on February 21, 2017 in FMLA with 0 Comments

The Fraternal Order of Police and certain police officers challenged the City of Camden Police Department for allegedly retaliating against certain officers who complained about city policies.  One of the allegations involved the Family and Medical Leave Act.  The city initiated a policy called “directed patrols” in 2008.  That policy required officers to engage with […]

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School Board Did Not Violate ADA in Non-Renewing Teacher but May Have Violated His FMLA Rights

By on February 19, 2016 in ADA, FMLA with 1 Comment

Terrence Preddie was employed from 2010-2011 as a fifth-grade teacher at Columbus Signature-Codrea Elementary School in Indiana.  Dr. Diane Clancy assessed Preddie’s job performance in the first school term as effective in some areas and needing improvement in others.  One specific area where improvement was needed was in leaving organized lesson plans for substitute teachers. […]

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Employer Improperly Failed to Allow Employee to Cure Defect in FMLA Medical Certification before Terminating Employee for Excessive Absenteeism

By on October 2, 2015 in FMLA with 0 Comments

Cases in the Third Circuit Court of Appeals have great importance for New Jersey employers in connection with the FMLA.  The case of Hansler v. Lehigh Valley Hosp. Network, 790 F.3d 499 (2015 U. S. App. LEXIS 10444) (3d Cir. June 22, 2015) is worthy of study.  It involved a technical partner who was hired […]

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Law Firm Properly Terminated Support Services Assistant with Permanent Lifting Restrictions of No More than 20 Pounds

By on August 24, 2015 in FMLA with 0 Comments

Charlesetta Jennings worked as a Support Services Assistant (SSA) at Womble Carlyle, a 500 lawyer firm based in North Carolina. Her job required performing a wide variety of tasks, including managing supplies, delivering or picking up packages, copying and scanning documents, setting up conference rooms, filing for receptionists, operating copy and scanning machines, and binding […]

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New Jersey School Board Did Not Violate FMLA When It Terminated Custodian Who Exhausted FMLA Time

By on August 6, 2015 in FMLA with 0 Comments

Colleen Pizzo worked as a custodian for the Lindenwold Board of Education in Camden County, New Jersey.  She went out of work beginning June 19, 2012 for depression.  She filed the formal FMLA request on June 26, 2012.  The Board approved the leave beginning June 19, 2012.  While she was out, Pizzo requested an extension […]

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UPS Did Not Violate FMLA in Firing Employee Who Was on Intermittent FMLA Leave

By on June 29, 2015 in FMLA with 0 Comments

Intermittent leave can be extremely difficult for employers.  One important point for employers to realize is that an employee on intermittent leave who comes to work in between flare-ups may be held to all customary performance standards.  The case of Parks v. UPS Supply Chain Solutions, Inc. 2014 U.S. DIST LEXIS 13538 (E.D. Kentucky 2014) […]

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City That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA

By on March 12, 2015 in FMLA with 0 Comments

Very few cases have focused on the relationship between COBRA and FMLA.  The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue. Barry Neal, a firefighter, was severely injured in a non-work accident on February 1, 2013.  […]

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Third Circuit Finds Employer May Have Interfered with FMLA Rights by Not Allowing Employee with Doctor’s Clearance to Return to Work

By on November 6, 2014 in FMLA with 1 Comment
Third Circuit Finds Employer May Have Interfered with FMLA Rights by Not Allowing Employee with Doctor’s Clearance to Return to Work

The case of Budhun v. Reading Hospital and Medical Center, 765 F.3d 245 (3d Cir. 2014) shows how complex return-to-work issues can be under FMLA.  The plaintiff in that case, Vanessa Budhun, worked as a credential assistant for Reading Hospital.  About sixty five percent of her job required typing.  Budhun took about four weeks of […]

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EEOC Guidance on Pregnancy Discrimination Act and Access to Light Duty

By on October 23, 2014 in FMLA with 1 Comment

On July 14, 2014, the EEOC issued Enforcement Guidance on the Pregnancy Discrimination Act (PDA).  That law was passed in 1978 to make clear that discrimination based on pregnancy, childbirth or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The basic premise of […]

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Appellate Division Reverses Judge of Compensation and Remands Case to a Different Judge

By on July 21, 2014 in FMLA with 0 Comments
Appellate Division Reverses Judge of Compensation and Remands Case to a Different Judge

Mary Liu worked as a dealer at Bally’s Casino in Atlantic City.  On November 10, 2012, she was dealing a game of poker.  A customer whom she knew well “signified a check by forcibly striking the table very hard.” Petitioner was not facing the customer and felt startled by the noise.  She said her heart […]

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Seventh Circuit Court of Appeals Parts Company With Other Courts in Defining Care Under FMLA More Broadly

By on June 5, 2014 in FMLA with 0 Comments
Seventh Circuit Court of Appeals Parts Company With Other Courts in Defining Care Under FMLA More Broadly

Beverly Ballard worked for the Chicago Park District.  Her mother, Sarah, who lived with her daughter, was diagnosed with end-stage congestive heart failure in 2006 and began receiving hospice support.  Beverly acted as the primary caregiver for her mother, cooking her meals, administering insulin and other medications, draining fluids from her heart, and bathing and […]

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Ninth Circuit Court Rules Employee Can Decline FMLA Rights Even If Absence Would Have Been FMLA Protected

By on April 25, 2014 in FMLA with 0 Comments
Ninth Circuit Court Rules Employee Can Decline FMLA Rights Even If Absence Would Have Been FMLA Protected

Maria Escriba worked for Foster Poultry Farms, Inc. for 18 years.  She met with her immediate supervisor on November 19, 2007, to request two weeks’ vacation time to care for her father in Guatemala who was very ill.  Her daughter purchased round-trip airfare for Escriba for November 23, 2007 with a return date of December […]

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Employee Can Be Fired for Reasons Discovered While on FMLA Leave

By on February 14, 2014 in FMLA with 0 Comments
Employee Can Be Fired for Reasons Discovered While on FMLA Leave

Adesina Mercer worked for the Arc of Prince George County from 2004 to 2011.  Her job included applying for and processing initial applications for benefits for Food Stamps and Social Security. In May 2007, The Arc put Mercer on conditional employment status due to poor work performance.  She was returned to regular status the next […]

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Volunteer Firefighters May Be Employees under FMLA

By on February 7, 2014 in FMLA with 0 Comments
Volunteer Firefighters May Be Employees under FMLA

The City of Gibraltar employed 41 employees, excluding its “volunteer” firefighters.  When it fired one of the firefighters, Paul Mendel, he sued under the FMLA. The city countered that it was not covered under the FMLA because it had less than 50 employees. There were 25-30 “volunteer firefighters” whom the City contended were not truly […]

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Employer May Have Violated ADA and FMLA Rights of Employee in Terminating Her Under Discipline Policy

By on September 27, 2013 in ADA, FMLA with 0 Comments

Nancy Haley worked as a Registered Nurse for Community Mercy Health Partners doing business as Springfield Regional Medical Center (hereinafter SRMC).  She began there in June of 1978.  In November 2009, she was diagnosed with breast cancer and underwent two surgical procedures.  She took approximately five and a half weeks of FMLA leave during this […]

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