Archives: Medical leave

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No Magic Words Needed in Employee Requests for Leave That Might Be Protected By FMLA

A terminated employee may proceed with his Family Medical Leave Act (FMLA) retaliation claim even though he never specifically requested leave under that statute, a Maine federal court has ruled. Waterman v. Paul G. White Interior Solutions, No. 2:19-cv-00032-JDL (D. Me. Nov. 5, 2019). The employee worked as a floor finisher and installer for a … Continue Reading

Employers Must Ensure Their Leave Administrators Understand Who Is Entitled to FMLA Leave

Employers must ensure they understand who is entitled to leave under the Family and Medical Leave Act (FMLA). In a recent decision, a federal court has ordered a plaintiff’s claims to proceed to a jury trial to determine whether the plaintiff’s former employer interfered with her rights under FMLA. In Gibson v. New York State … Continue Reading

Ignorance of Interplay between FMLA and ADA Can Be Costly To Employers

One mistake often made by employers is assuming that after an employee has exhausted his or her 12 weeks of protected Family Medical Leave Act (FMLA) leave, the employer’s obligation is fulfilled. While this may satisfy the employer’s medical leave obligations, the employer also must account for any potential duties under the Americans with Disabilities … Continue Reading
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