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FedEx didn’t violate employee’s FMLA rights (access required)

Published: January 14, 2013

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FedEx didn’t violate the Family and Medical Leave Act when it suspended and terminated a courier upon her return from medical leave, the 4th Circuit has ruled in affirming a summary judgment.

Employers push back on FMLA abuse with “honest suspicion” (access required)

By: Correy Stephenson
Published: October 4, 2012

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In an effort to root out employee abuse of Family and Medical Leave Act violations, employers are increasingly relying upon the “honest suspicion” defense – and winning.

Led by several decisions from the 7th Circuit, courts are holding that employers who terminate workers suspected of exploiting their time off do not violate the FMLA if they have an “honest suspicion” or “honest belief” the leave was being abused.  

Teacher can sue for retaliatory denial of tenure (access required)

Published: August 15, 2012

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A public high school teacher could proceed with a Family and Medical Leave Act lawsuit based on an allegation that he was denied tenure in retaliation for taking protected leave, the 2nd Circuit has ruled in reversing a summary judgment.

Employee specific enough to trigger FMLA rights (access required)

Published: August 9, 2012

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An employee provided her supervisors with sufficient information of a family emergency for the purpose of pursuing claims for interference and retaliation under the Family and Medical Leave Act, the 3rd Circuit has ruled in reversing a summary judgment.

‘Treatment’ a prerequisite for FMLA suit (access required)

Published: July 2, 2012

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An employer who did not receive actual medical treatment when he missed four hours of a work shift could not sue for interference with his rights under the Family and Medical Leave Act, the 7th Circuit has ruled in affirming a summary judgment.

State immune from FMLA claim for damages (access required)

Published: June 4, 2012

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A state employer was immune from a claim for damages under the self-care provision of the Family and Medical Leave Act, the Iowa Supreme Court has ruled in reversing a $165,000 jury verdict.

Termination for disability fraud didn’t violate FMLA (access required)

Published: May 10, 2012

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An employer didn’t violate federal medical leave law when it fired an employee after concluding that he was fraudulently receiving disability benefits, the 6th Circuit has ruled in affirming a summary judgment.

Employee’s FMLA claim barred by estoppel (access required)

Published: April 2, 2012

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An employee who suffered a stroke was judicially estopped from claiming that he was able to return to work for purposes of pursuing a lawsuit under the Family and Medical Leave Act, the 3rd Circuit has ruled in affirming a summary judgment.

FAMILY AND MEDICAL LEAVE ACT (access required)

Published: March 20, 2012

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A state employee who was denied leave for his own sickness cannot sue the state for violating the Family and Medical Leave Act.

States immune from lawsuits over sick time, SCOTUS rules (access required)

Published: March 20, 2012

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A state employee who was denied leave for his own sickness cannot sue the state for violating the Family and Medical Leave Act, the Supreme Court has ruled in a 5-4 decision.

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