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family medical leave act (fmla) Archives

FMLA, FLSA still observed during natural disasters

Pennsylvania employers whose workplaces are in areas where a natural disaster happens are still bound by the laws of the Family and Medical Leave Act and the Fair Labor Standards Act. Employers should keep this mind when they are making disaster preparedness plans and should have clear policies in place.

Court sides with employee after employer misinterprets FMLA

Pennsylvania workers who are struggling to assert their right to family leave might be encouraged by a ruling from a federal appeals court. It upheld a lower court's jury verdict in favor of the employee using time off through the Family and Medical Leave Act to care for her autistic son.

FMLA retaliation case linked to time of employer's actions

Some Pennsylvania employees may believe they have been retaliated against at work for taking leave under the Family and Medical Leave Act. One factor a court will take into account when determining if FMLA retaliation has taken place is the proximity in terms of time of the employer's action to the FMLA leave. This was the case when the U.S. Court of Appeals for the 11th Circuit overturned the dismissal of a lower court in a FMLA retaliation case.

Employers could be responsible for supervisor discrimination

Pennsylvania employers might be liable if a supervisor takes an action that discriminates against an employee. A U.S Court of Appeals for the 6th Circuit split panel reversed a decision by a lower court in a case that involved a woman being fired after returning from leave she took under the Family and Medical Leave Act. The woman argued that two supervisors showed bias against her for taking the leave. However, a district court has dismissed the woman's claims.

The "in loco parentis" relationship and FMLA leave

Some Pennsylvania employees might be eligible for leave under the Family and Medical Leave Act to care for people who are not legally or biologically their parent or child if the relationship has been like that of parent and child. "In loco parentis" refers to this type of relationship, and it may be required for an employer to establish whether this relationship exists before approving or denying leave.

Intermittent FMLA leave in Pennsylvania

The Family and Medical Leave Act allows an employee to take time off work for qualified medical or family reasons without having to worry about losing their job. While some individuals will take off a set period of time, employees are also allowed intermittent leave, which lets them take off of work as needed to deal with medical or family problems. An employee may use intermittent leave to take care of a sick relative or sudden family crisis.

Manager may have violated FMLA by sharing medical information

Pennsylvania employees may be interested in an out-of-state case that involves medical privacy and retaliation for taking medical leave. A Florida court says that an employee can proceed with his claim against his employer because his co-workers were told about his medical condition, and that could constitute interference with his medical leave or a retaliatory act for taking it.

Court rejects the disability claim of fired worker

Most employers in Pennsylvania and around the country are required to follow the provisions of federal labor laws such as the Fair Labor Standards Act. Other laws that place restrictions on employers include the 1964 Civil Rights Act and the 1990 Americans with Disabilities Act, and it is not unheard of for workers to cite the protections provided by these laws when faced with disciplinary action or termination. When claims of this type are not backed up by compelling supporting evidence, the courts have generally given the benefit of the doubt to employers.