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Employers brace for in-person investigations over family and medical leave (access required)

By: Sylvia Hsieh
Published: May 9, 2013

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All in attendance sat up and took notice when midway through a three-day conference on employment compliance, a branch chief of the U.S. Department of Labor’s enforcement division said that the agency expects to increase on-site investigations into whether companies are complying with the Family and Medical Leave Act.

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.  

Nursing home administrator wins FMLA suit (access required)

Published: August 21, 2012

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A nursing home administrator was awarded $253,340 in lost wages and damages after a U.S. District Court found she was fired in violation of the Family Medical Leave Act.

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.

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.

Plaintiffs face uphill battle for self-leave FMLA suits (access required)

By: Correy E. Stephenson and Steve Lash
Published: March 27, 2012

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State employees seeking to file suit under the Family and Medical Leave Act’s self-care provision face an unlikely future after a recent U.S. Supreme Court ruling.

Last week, the Court issued a plurality decision in Coleman v. Maryland Court of Appeals holding that Congress could not abrogate states’ sovereign
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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.

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