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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.

FMLA protects life support decision-making (access required)

Published: February 21, 2012

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The Family and Medical Leave Act protects an employee who needed to leave work in order to confer with family members regarding whether to take his mother off  life support, the 6th Circuit has ruled in reversing summary judgment.

FMLA rule changes would benefit military families (access required)

Published: February 10, 2012

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The Department of Labor has announced proposed revisions to regulations implementing the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.

Gov’t supervisor may be liable for FMLA violation (access required)

Published: February 3, 2012

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A supervisor at a public agency may be individually liable for alleged violations of a subordinate’s right to medical leave under federal law, the 3rd Circuit has ruled in reversing a summary judgment.

FMLA protects pre-eligibility request for leave (access required)

Published: January 12, 2012

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An employer may be liable for firing a pregnant employee after being informed that she planned on taking maternity leave after she became eligible under the Family and Medical Leave Act, the 11th Circuit has ruled in reversing a dismissal.

Subordinate’s account of employer’s bias isn’t hearsay (access required)

Published: November 14, 2011

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A subordinate’s alleged statements concerning a decision-maker’s reasons for terminating a pregnancy discrimination plaintiff are not hearsay and therefore admissible, the 7th Circuit has ruled in reversing a summary judgment.

FMLA plaintiff can’t sue over exacerbation of illness (access required)

Published: September 8, 2011

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A plaintiff suing for violations of federal medical leave law could not recover damages under the theory that his employer’s alleged misconduct exacerbated his preexisting medical condition, the 7th Circuit has ruled in affirming a dismissal.

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