Tag Archives: FMLA

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

Third Circuit: No Direct Evidence Needed for Mixed-Motive Jury Instruction in FMLA Retaliation Cases

A former employee alleges that he was terminated because he exercised his right to take intermittent leave under the Family and Medical Leave Act. His former employer asserts that his FMLA leave had nothing to do with his termination. Rather, the employer claims, he was let go simply because his position was eliminated. At trial, … Continue Reading
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