Arbitrator finds that management unfairly denied an officer the right to work secondary employment while he was on FMLA leave due to the birth of a child. The city had no policy against moonlighting while taking family leave. City of Warrensville Heights and Ohio PBA, 126 LA (BNA) 1313, FMCS Case #09/54968 (Lalka, 2009).
     Enlarging the scope of the Family and Medical Leave Act, the Third Circuit holds that the anti-retaliation provision protects employees who claim they were fired for merely asking permission to take a leave, and is not limited to those who actually exercise the right. “It would be patently absurd if an employer who wished to punish an employee for taking FMLA leave could avoid liability simply by firing the employee before the leave begins.” Erdman v. Nationwide Insur., #07-3796, 2009 U.S. App. Lexis 20979 (3rd Cir.).
     Federal court upholds a FMLA claim, after a public employee was fired following her return from medical leave for chemical sensitivity to paper toxins. Additionally, if a FMLA claim is based on the same facts as the state law claim, the result can differ. Sanders v. City of Newport, #07-0776, 2009 U.S. Dist. Lexis 19101 (D. Ore.).
     Federal court rejects a FMLA claim brought by a city worker who was fired for excessive absenteeism. She had told her supervisor she did not want to take FMLA leave. Knox v. City of Monroe, #07-606, 2009 U.S. Dist. Lexis 1014 (W.D. La.).
     U.S. Dept. of Labor, Wage & Hour Division publishes new Family Medical Leave Act regulations, effective Jan. 16, 2009. They cover military leave and HIPAA. Revised Final Regulations Under the Family and Medical Leave Act, RIN 1215-AB35.
     Office of Personnel Management revises rules pertaining to emergency leave for General Schedule employees. Changes in Pay Administration Rules, 73 (217) Federal Register 66143 (11/7/2008).
     Fifth Circuit holds that the anti-retaliation provisions of the FMLA do not automatically protect a coworker or spouse of an employee from retaliation. Elsensohn v. St. Tammany Parish Sheriff's Office, #07-30693, 530 F.3d 368 (5th Cir. 2008).
     Arbitrator holds that management did not violate the bargaining agreement by denying a correctional officer leave without pay to attend an eight-week certification program for employment as municipal police officer. Although the CBA provided that "employees who request leave for correctional-related educational purposes shall be granted leave without pay for such purposes," the curriculum would not have advanced his knowledge of corrections and the grievant intended to pursue employment as police officer. County of Erie, Penna. and SEIU L-668, 124 LA (BNA) 1733 (Dean, 2008).
     Even if a police employee's leave was protected under the FMLA, her case would still fail because there was no evidence of a connection between her leave in 1999 and her termination in May 2003. Ney v. City of Hoisington, #07-3086, 2008 U.S. App. Lexis 2882 (10th Cir.).
     Involuntary placement of a detention officer with lupus on unpaid FMLA leave during a chicken pox outbreak did not violate ADA, since her physician cautioned her against an exposure to chicken pox. Andrews v. Geo Group Inc., #06-cv-00844, 2007 U.S. Dist. Lexis 77474, 20 AD Cases (BNA) 171 (D.Colo).
     Federal appeals court affirms a jury verdict against a Louisiana sheriff for a FMLA violation, including $16,400 in back pay and $13,128 in front pay. Management failed to provide her with an individualized notice that leave would be counted against her FMLA allowance, as required under 29 C.F.R. §825.208(a)-(b)(1). Downey v. Strain, #06-30613, 2007 U.S. App. Lexis 28796 (5th Cir.).
     Federal court denies a FMLA claim that a police officer was compelled to use her vacation time for a two-day absence caused by a psychological impairment. The condition did not require continuing treatment, was not a serious health condition within the meaning of 29 U.S. Code §2612(a)(1)(D) and an inability to attend training is not a disability. Lundy v. Town of Brighton, #06-CV-6280L, 2007 U.S. Dist. Lexis 83132 (W.D.N.Y.).
     FMLA claim rejected; corrections officer exceeded the 504 hours of excused leave and was lawfully terminated for his absences. Coker v. McFaul, #06-3587, 2007 U.S. App. Lexis 16565 (Unpub. 6th Cir.).
     Public employees have individual liability under the FMLA, but the defendant was entitled to qualified immunity because it was not clearly established that public employees are subject to individual liability under the FMLA when the defendant terminated plaintiff's employment. Modica v. Taylor, #05-50075, 2006 U.S. App. Lexis 23372 (5th Cir. 2006). {N/R}
     State corrections dept. was entitled to sovereign immunity under 11th Amendment to U.S. Constitution from an employee's lawsuit seeking monetary damages for interfering with his FMLA rights. Toeller v. Wis. Corrections Dept., #05-4064. 2006 U.S. App. Lexis 21690, 11 WH Cases2d (BNA) 1380 (7th Cir. 2006). {N/R}
     Fourth Circuit holds that the Family and Medical Leave Act does not provide an employee with an absolute right to be restored to his or her previous job on return from approved leave. Yashenko v. Harrah's NC Casino, #05-1256, 2006 U.S. App. Lexis 10469 (4th Cir. 2006).{N/R}
     Seventh Circuit holds that management can impose stricter return-to-work provisions than those in FMLA -- and the employee was aware of the employer's return-to-work expectations. Harrell v. U.S. Postal Service, #03-4204, 2006 U.S. App. Lexis 11072 (7th Cir. 2006).{N/R}
     Eighth Circuit holds it was not unlawful for a city to run accrued sick leave and FMLA leave concurrently and to limit a police officer's total leave to 12 weeks. Slentz v. City of Republic, #05-1663, 2006 U.S. App. Lexis 11746, 11 WH Cases2d (BNA) 769 (8th Cir. 2006).{N/R}
     Federal appeals court rejects a claim that the FMLA covers unlimited break time to use toilet facilities because of diarrhea induced by diabetes medication. "We are unable to locate a case where temporary FMLA leave was awarded... [for] periodic time away from a desk throughout the work day. Mauder v. Metro. Transit Auth., 2006 U.S. App. Lexis 9306 (5th Cir. 2006). {N/R}
     Arbitrator holds that a county violated the law when it denied FMLA leave to employee to care for her grandmother with Alzheimer's disease; the employee was required to show that grandmother served as her parent when she was child and employee stood in loco parentis. County of Allegheny and A.C. Prison Employees, 122 LA (BNA) 155, Pa. Bur. of Mediation Grievance #5720 (Miles, 2005). {N/R}
     Arbitrator overturns the termination of a public employee for engaging in other employment without permission while on FMLA leave for depression; she received no wages or benefits from her husband's business. Chippewa Valley Schools and Mich. AFSCME L-1884, #A9504-1884-04, 121 LA (BNA) 890 (Daniel, 2005). {N/R}
     Massachusetts becomes 22nd state to allow public workers to take paid leave for organ donation. Mass. Gen Laws. Ch. 149, §33D (2005). {N/R}
     Federal appeals court upholds management's decision to deny a public employee bonus annual leave after he took FMLA leave. Chubb v. City of Omaha, #05-1172, 424 F.3d 831, 2005 U.S. App. Lexis 20913, 10 WH Cases2d (BNA) 1601 (8th Cir. 2005). {N/R}
     Seventh Circuit holds that an employer may not impose return-to-work standards that are more burdensome than the provisions of the Family Medical Leave Act, even if those requirements are embodied in a collective bargaining agreement. Harrell v. U.S. Postal Serv., #03-4204, 415 F.3d 700, 2005 U.S. App. Lexis 14550 (7th Cir. 2005). [2005 FP Oct]
     Fourth Circuit upholds a Dept. of Labor regulation that bars the waiver or release of a worker's FMLA rights, 29 C.F.R. §825.220(d). Taylor v. Progress Energy, #04-1525, 415 F.3d 364, 2005 U.S. App. Lexis 14650, 10 WH Cases2d (BNA) 1281 (4th Cir. 2005). {N/R}
     Dept. of Labor clarifies that ERISA and the FMLA do not preempt more generous state leave laws. Employee Benefits Security Admin. Advisory Opin. #2005-13A (2005). {N/R}
     Third Circuit upholds a police dept. requirement that persons on sick leave notify the city if they leave their homes during normal working hours. A call-in policy does not violate worker rights under the FMLA. Callison v. City of Philadelphia, #04-2941, 2005 U.S. App. Lexis 9043 (3rd Cir. 2005). [2005 FP Aug]
     Federal court in Pennsylvania holds that the 12-month requirement for being an "eligible employee" under the Family and Medical Leave Act should be based on the day leave commences. An employee who had worked less than 12 months, when she gave notice that she was pregnant, was protected because the start of her planned leave was after her one-year anniversary. Beffert v. Penn. Dept. of Public Welfare, #05-43, 2005 U.S. Dist. Lexis 6681 (E.D. Pa. 2005). {N/R}
     Arbitrator holds that management did not violate the bargaining agreement when it stopped paying for health insurance for a pregnant police officer who was on FMLA leave, and ineligible for group coverage. Vil. of Huntley, IL and Metrop. Alliance of Police C-207, 120 LA (BNA) 949, FMCS #040218/03758-A (Cox, 2004). {N/R}
     Sixth Circuit holds that for purposes of the hours-of-service eligibility requirement under the FMLA, an arbitrator's restoration award may include the time that an employee would have worked, but for the employer's wrongful termination. Ricco v. Potter, #03-3294, 377 F.3d 599, 9 WH Cases2d (BNA) 1455, 2004 U.S. App. Lexis 15425, 2004 FED App. 0242P (6th Cir. 2004). {N/R}
     A California law took effect in July that provides workers with as much as 55% of their pay while they take family leave. Maximum weekly payments are $728 in 2004 and $840 in 2005 and lasts up to six weeks. Another six weeks of unpaid leave is available. The program is financed by a 0.08% payroll tax that costs workers a maximum of $55 a year in family leave tax. California Family Temporary Disability Insurance program, S.B. 1661 (enacted 2002; effective 7/7/2004). {N/R}
     Supreme Court declines review of an appellate holding that management did not violate the FMLA or Title VII when it fired a city employee upon his return from leave, after concluding that his work product was poor. Phelan v. City of Chicago, #03-1209, cert. den. 2004 Lexis 2782 (2004); ruling below at 347 F.3d 679, 92 FEP Cases (BNA) 1389, 9 WH Cases2d (BNA) 7 (7th Cir. 2003). {N/R}
     Arbitrator holds that a pregnant employee who was absent from work for six days due to abnormal pain and bleeding, was entitled to leave without pay under FMLA, where she submitted doctor's letter substantiating her condition on the first day she returned. Her need for leave was a medical emergency. Dept. of Homeland Security and AFGE L-1917, 119 LA (BNA) 833 (Lang, 2004). [2004 FP Aug]
     A North Carolina at-will city employee who was fired for absence from work, while recuperating from gunshot wounds inflicted by his wife, had no legal basis to sue the city for wrongful discharge. In the 2-to-1 decision, an appellate court was unwilling to find that domestic violence laws create a public policy requiring employers to hold a job open while a worker recovers from those injuries. Imes v. City of Asheville, #COA03-218, 594 S.E.2d 397, 21 IER Cases (BNA) 359, 2004 N.C. App. Lexis 583 (2004). {N/R}
     Federal appeals court flatly rejects a claim that a worker cannot be fired for inefficiency or other valid reason because he is on FMLA leave. Phelan v. City of Chicago, #02-3862, 347 F.3d 679, 92 FEP Cases (BNA) 1389,2003 U.S. App. Lexis 21344, 9 WH Cases2d (BNA) 7 (7th Cir. 2003). [2004 FP Jan]
     Federal appeals court affirms a jury verdict that a city employee was not fired for requesting FMLA leave. Gibson v. City of Louisville, #02-5473, 2003 U.S. App. Lexis 14329, 2003 FED App. 0233P (6th Cir.). {N/R}
     Arbitrator holds that a grievant was eligible for "assault leave," even if she did not file the proper form. She also was being treated for "post-traumatic stress disorder/panic attacks with agoraphobia," and the filing of a wrong form did not prejudice the employer. Chicago Bd. of Educ. and Chicago Teachers Union, 118 LA (BNA) 349 (Goldstein, 2002).{N/R}
     Constitutionality: Supreme Court rules that the Congress clearly abrogated the Eleventh Amendment immunity of state governments when it enacted the FMLA. Nevada Dept. of Human Resources v. Hibbs, #01-1368, 123 S.Ct. 1972, 2003 U.S. Lexis 4272 (2003).
     An employer could fire a worker who took FMLA leave to care for his wife and newborn child, and was actually managing his wife's restaurant. The employer had a rule prohibiting "unauthorized work for personal gain" while on leave. Pharakhone v. Nissan, #01-5955, 324 F.3d 405, 2003 U.S. App. Lexis 6289, 2003 FED App. 0098P, 8 WH Cases2d (BNA) 1006 (6th Cir. 2003). {N/R}
     Unlike the ADA, under the FMLA an employer did not have to reassign or otherwise accommodate an investigator with fibromyalgia and chronic fatigue syndrome. Alifano v. Merck & Co., 175 F.Supp.2d 792 (E.D.Pa. 2001). {N/R}
     California enacts the country's first paid family leave law. S.B. 1661,codified as Deering's California Unemployment Insurance Code Sections 984, 2601 2613, 2708, 3254, and 3300-3305 (2002). [2002 FP Dec]
     State trooper wins $40,000 in damages and $626,000 in attorney's fees and costs for rejection of his leave request to care for a newborn infant. Knussman v. Maryland, #B-95-1255, 40 (1975) G.E.R.R. (BNA) 894 (D.Md. 2002) -- on remand from 272 F.3d 625, 2001 U.S. App. Lexis 24037 (4th Cir. 2001). [2002 FP Nov]
     Arbitrator finds that management did not violate the bargaining agreement when it limited firefighters' annual, sick leave, or injury leave so that only one per shift would be allowed; the CBA gave the city an unqualified right to determine staffing levels. City of Del City and IAFF L-2171, FMCS Case #01/14531, 117 LA (BNA) 393 (McReynolds, 2002). {N/R}
     Federal appeals court upholds an $84,000 jury award under the Family and Medical Leave Act for a private sector worker who was fired while convalescing after a suicide attempt. Chandler v. Specialty Tires, #0-5395/5593, 283 F.3d 818, 12 AD Cases (BNA) 1659, 2002 U.S. App. Lexis 4743, 2002 FED App. 0100P, 7 WH Cases 2d (BNA) 1217 (6th Cir. 2002). [N/R]
     Police dept. violated the FMLA by denying promotional opportunities to a worker who took unpaid leave because of Graves' disease -- an autoimmune disorder associated with hyperthyroidism, burning eye sensations, nervousness, emotional swings, muscle weakness and palpitations. Darby v. Bratch, #01-2006, 287 F.3d 673, 7 WH Cases2d 1252, 2002 U.S. App. Lexis 6679 (8th Cir. 2002). [N/R]
     Divided Supreme Court strikes down a DoL regulation requiring employers to inform workers that authorized leave counts against their FMLA 12 week entitlement. Ragsdale v. Wolverine World Wide, #006029, 2002 U.S. Lexis 1936. [2002 FP May]
     Evidence that the plaintiff's father suffered from severe depression, which prompted the plaintiff to take time off, was sufficient to create triable issues of fact under the FMLA. Scamihorn v. General Truck Dr. Un., #00-55722, 2002 U.S. App. Lexis 3369 (9th Cir.2002). [N/R]
     A telephone message from an employee who said she was suffering from "depression again" may have given the employer sufficient notice to trigger FMLA leave. Spangler v. Fed. Home Loan Bank, #01-2476, 278 F.3d 847, 7 WH Cases 2d (BNA) 1036, 2002 U.S. App. Lexis 1249 (8th Cir. 2002). [N/R]
     Appellate court sustains the judgment against a state police employee who improperly rejected a post-pregnancy sick leave request by a male trooper, but concludes that the $375,000 jury verdict for emotional distress was excessive. Knussman v. Maryland, #99-2349, 2001 U.S. App. Lexis 24037 (4th Cir.). [2002 FP Jan]
     Federal court in Philadelphia allows a local governmental employer to order a confirming exam for a worker returning from FMLA leave. There was a history of requiring such exams, and the bargaining agreement perpetuated recognized past practices. Conroy v. Township of Lower Merion, #00-CV-3528, 2001 U.S. Dist. Lexis 11460, 7 WH Cases 2d (BNA) 365 (Unpub. E.D. Pa.). [2001 FP 135-6]
     Management improperly denied a firefighter leave because it would result in overtime, and would not adversely affect safety. Centralia (City of) and Centralia Fire Fighters L-618, FMCS #00/14143, 115 LA (BNA) 1185 (Marino, 2001). {N/R}
     Plaintiff's FMLA claim against her state employer was barred by 11th Amendment immunity. Townsel v. Missouri, 99-3873, 233 F.3d 1094, 2000 U.S. App. Lexis 30716, 6 WH Cases2d (BNA) 1025 (8th Cir. 2000). {N/R}
     Arbitrator holds that a state agency did not have just cause to discharge a worker whose driver's license was suspended, even though its policy was to do so, where he suffered from major depression, and should have been placed on FMLA leave before his license was suspended and agency took disciplinary action. Ohio Dept. of Transp. and Ohio Civ. Serv. Emp. Assn., #31-01-00309-08-01-06, 115 LA (BNA) 563 (Smith, 2001). {N/R}
     Summary judgment is inappropriate on a FMLA claim brought by a transsexual employee who was fired after undergoing sexual reassignment surgery. Gender dysphoria can be a "serious health condition" under the statute. Sander v. May Dept. Stores, #4:00CV576-DJS, 2001 U.S. Dist. Lexis 11495, 69 L.W. 1752, 6 WH Cases2d (BNA) 1729 (Unpub. E.D. Mo., 2001). (N/R}
     Firefighter was not entitled to sick leave to care for a live-in woman who was pregnant with his child. Neither the FMLA or the CBA defines a her as a domestic relative. McAlestar, City of and IAFF L- 2284, FMCS Case #00124-04902-8, 114 LA (BNA) 1180 (Crow, 2000). [2000 FP 169-70]
     Arbitrator rules that the city violated the bargaining agreement when it limited a police officer's sick leave to 12 weeks, which is the maximum under the FMLA. The CBA did not contain language that equates sick leave to FMLA leave. Englewood, Ohio and Ohio PBA, AAA Case No. 52-390-00269-99, 113 LA (BNA) 624 (Kohler, 1999). {N/R}
     Two federal appeal circuits hold that the Congress did not have the authority to abrogate the sovereign immunity of states, under the 11th Amendment, for claims arising under the FMLA. Chittister v. Dept. of Comm. and Econ. Dev., 226 F.3d 223, 2000 U.S. App. Lexis 22229, 6 WH Cases2d (BNA) 545 (3rd Cir. 2000); Kazmier v. Widmann, #99-30242, 225 F.3d 519, 2000 U.S. App. Lexis 21524, 6 WH Cases2d (BNA) 481 (5th Cir. 2000). {N/R}
     Two federal courts hold, that under the FMLA, an employer cannot require a “fitness for duty” exam of an employee who has been certified by a physician or psychologist that he/she is able to return to work, unless the employee's post-leave behavior justifies it. Routes v. Henderson, 1999 U.S. Dist. Lexis 9835, 5 WH Cases2d (BNA) 768 (S.D. Ind.); Underhill v. Willamina, 1999 U.S. Dist. Lexis 9722 (D.Or.). [1999 FP 174]
     Management should order a FFDE before a worker seeks medical leave. At least one court has held that under the FMLA, an employer cannot require a FFDE of an employee who has been certified by a physician or psychologist that he/she is able to return to work, unless the employee's post-leave behavior justifies it. Albert v. Runyon, 6 F.Supp.2d 57, 1998 U.S. Dist. Lexis 7505 (D.Mass.). [1998 FP 122]
     Two more federal courts hold, that under the FMLA, an employer cannot require a "fitness for duty'' exam of an employee who has been certified by a physician or psychologist that he/she is able to return to work, unless the employee's post-leave behavior justifies it, citing Albert v. Runyon: Routes v. Henderson, 1999 U.S. Dist. Lexis 9835, 5 WH Cases2d (BNA)768 (S.D. Ind.) and Underhill v. Willamina, 1999 U.S. Dist. Lexis 9722 (D.Or.). {N/R}
     Federal jury awards a state trooper $375,000 after management denied him FMLA parental leave to help care for a new baby. Knussman v. Md. St. Police, 935 F.Supp. 659 (prior ruling, D.Md. 1996). [1999 FP 86]
     11th Amendment exempts state agencies, officials and supervisors from monetary liability under the FMLA, including back pay claims. Reinstatement and other injunctive relief is available. McGregor v. Goord, 1998 WL 549544, 1998 U.S. Dist Lexis 13453 (N.D.N.Y.). [1998 FP 165]
     Sixth Circuit concludes that the FMLA provides a right to a jury trial. Frizzell v. Southw. Mtr. Frt., #97-5846, 1998 U.S. App. Lexis 22015, 1998 FED App. 0285P (6th Cir.). [1998 FP 165]
     A laid-off worker can sue under the FMLA for an employer's failure to rehire because of his prior use of protected medical leave. Duckworth v. Pratt, #97-2224, 1998 U.S. App. Lexis 16270, 4 WH Cases2d (BNA) 1281 (1st Cir. 1998). {N/R}
     Federal court applies the FMLA to the MD state police, after it denied parental leave to a male trooper. 11th Amendment bars Sec. 1983 damages, but not actions under the FMLA. Knussman v. Md. St. Police, 1996 U.S.Dist. Lexis 11356, 935 F.Supp. 659 (D.Md.). [1997 FP 86-7] Note: The plaintiff was awarded $375,000 by a jury in 1999.
     Rectal bleeding is a not a “serious medical condition” under the FMLA. Bauer v. Varity Dayton-Walther Corp., 118 F.3d 109, 1997 U.S. App. Lexis 16601 (6th Cir.). {N/R}
     1986 contract clause requiring arbitration of "any claim or controversy" did not waive the rights of employees to sue for federal handicap discrimination or FML violations. Hoffman v. Aaron Kamhi Inc., 3 W&H Cas.2d (BNA) 445, 1996 U.S.Dist. Lexis 3600, 927 F.Supp. 640 (S.D.N.Y.). [1996 FP 115]
     Appeals court upholds city's refusal to allow a police officer leave to care for her police officer husband who was injured in the line of duty. Crystal v. City of N.Y., 634 N.Y.S.2d 67 (A.D. 1995). [1996 FP 73]
     Supervisors may be individually liable for violations of the F&MLA. Freemon v. Foley, 1996 U.S. Dist. Lexis 3695; see also 911 F.Supp. 326 (N.D.Ill.1995). {N/R}
     Dept. of Labor issues final rule interpreting the Family and Medical Leave Act of 1993. 60 (4) Federal Register 2180-2279 (1/6/95), 66 (764) FEP Manual (BNA) 403:7101-7166. [1995 FP 71]
     Arbitrator rules a city could prevent a woman police officer from using paid sick leave to care for an adopted newborn girl, although leave is allowed birth mothers. Columbus (City of) and FOP L-9, 102 LA (BNA) 477 (1994). [1994 FP 150]
     Colo. appellate court finds that Denver did not engage in sexual orientation discrimination by disallowing an employee's family leave request to care for her domestic partner. Ross v. Denver Dept. of Health and Hospitals, 1994 Colo.App. Lexis 97 (Colo.App. 1994). [1994 FP 120]
     U.S. Dept. of Labor issues Interim Guidelines to implement the Family and Medical Leave Act of 1993. June 4, 1993 Federal Register 31794. [1993 FP 119]