14th Jul 2017

Sara Sampra was working as an engineer for the Federal Aviation Administration (“FAA”) in December 2013 when she was placed on bed rest by her physician as a result of pregnancy-related complications. After working from home for approximately two (2) … more

1st Aug 2016

Occasionally, I receive an inquiry from an employee who requested FMLA leave but never consulted a health care provider regarding their illness. A recent case from the Western District of Wisconsin serves as a reminder of why that can be … more

2nd Dec 2015

In Hansler v. Lehigh Valley Hospital Network, the United States Court of Appeals for the Third Circuit was presented with what has become a very common Family and Medical Leave Act (“FMLA”) issue: What is the proper course of action … more

21st Oct 2015

Although there is an ongoing debate about whether sexual orientation is a protected class subject to protection from discrimination, harassment, and retaliation under federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, there is at … more

31st Aug 2015

Courts have routinely found that interference claims under the Family and Medical Leave Act (“FMLA”) encompass acts beyond that of a traditional discrimination/retaliation claim that requires an adverse employment action (termination, demotion, suspension, etc.). Last week, the United States Court … more

14th Nov 2014

In Budhun v. Reading Hospital and Medical Center, one of the issues before the United States Court of Appeals for the Third Circuit was whether Ms. Budhun suffered an adverse employment action. This is an oft-litigated issue in Family and … more

29th Aug 2014

On August 5, 2014, the United States Court of Appeals for the Third Circuit reversed an entry of summary judgment in the case of Lupyan v. Corinthian Colleges, Inc. The Third Circuit’s decision was important as it highlights the important … more

10th Jul 2014

One of the more common issues I have encountered in talking to people about their Family and Medical Leave Act (FMLA) rights is whether their employer can return them to the same job but with a different shift or work … more

15th Jun 2014

Typically, the answer to this question is simple – it is not. The FMLA requires an employee be restored to the position held at the time the FMLA leave commenced or to a comparable position upon the employee’s return from … more

30th May 2014

On May 8, 2014, the United States District Court for the District of Minnesota issued an Opinion in Wages v. Stuart Management Corp. granting summary judgment on the Family and Medical Leave Act (FMLA) claim brought by an employee who … more