A Capehart Scatchard Blog


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.

Failure To Advise Employee Of FMLA Calculation Method Dooms Employer In Law Suit

By on April 5, 2012 in FMLA with 0 Comments

Carl Thom worked for American Standard as a molder for a period of 36 years.  He had a non-work-related shoulder injury which required surgery, and he sought FMLA leave from April 27, 2005 to June 27, 2005.  The company granted the FMLA leave request in writing.  As it turned out, plaintiff’s recovery period was accelerated […]

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Circuit Court Holds That The FMLA Protects A Pre-Eligibility Leave Request For Post-Eligibility Maternity Leave

By on March 18, 2012 in FMLA with 0 Comments

Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible Kathryn Pereda brought a suit for interference with her FMLA rights against her employer, Brookdale Senior Living Communities, Inc. in Florida.  The problem from a legal point of view with her law suit is that […]

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Recent Case Law Opens Cracks In The FMLA

By on January 19, 2012 in FMLA with 0 Comments

The heart of the FMLA is job protection for employees during a period of covered leave.  Employers are required under the FMLA regulations to designate leave as FMLA-qualifying based on information received from an employee.  The employee need not ever mention the FMLA nor ask for it specifically.  “Once the employer has acquired knowledge that […]

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Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident

By on January 9, 2012 in FMLA with 0 Comments

What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA?  These issues as well as the impact of the ADAAA on the FMLA are covered in an important decision entitled Patton v. […]

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Employer Properly Fired Employee For FMLA Abuse

By on October 4, 2011 in FMLA with 0 Comments

Erik Tillman worked as a Communications Specialist for Ohio Bell Telephone.  His work required him to fill customer orders for phone and internet services and do maintenance work, including lifting up to 100 pounds and climbing ladders.  He was frequently required to work nights and weekends due to his low seniority within the union.  He […]

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No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy

By on September 26, 2011 in FMLA with 0 Comments

Michael Clark worked for Walgreens as the manager of its retail store in Dyersburg, Tennessee.  He took a medical leave of absence from December 8, 2006 to January 2, 2007  for a heart condition.  After his leave, Clark returned to the same position he held before his leave of absence.  Some time later Clark contacted […]

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Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA

By on September 20, 2011 in FMLA with 0 Comments

CenturyTel of Central Arkansas had a personnel policy which required employees to call in daily when absent.  This was contained in an employee handbook which all employees received.  Loretta Thompson worked for CenturyTel as a facility assigner in the Programming Department.  She acknowledged receiving the handbook which included the following policy: Unless otherwise directed by […]

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Calling In “Sick” Is Not Enough To Invoke The FMLA

By on August 17, 2011 in FMLA with 0 Comments

Employers are somewhat behind the eight ball in the FMLA because the employee need not specifically invoke the “FMLA” in order to obtain protection under the law.  Nor does the employee have to give detailed information about health; rather, the employer has to consider whether the FMLA applies based on what the employee says is […]

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Employee’s Failure to Respond To Request for More Information Regarding Leave Request Doomed FMLA Claim

By on July 25, 2011 in FMLA with 1 Comment

Robert Righi worked as a sales rep for SMC Corporation of America.  On several occasions Righi would request vacation time to care for his mother.  He would email his manager, Louis  King, for prior approval.  The company policy was to require employees to obtain prior approval from a supervisor before taking leave. The policy further provided […]

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