The recent case of Sinico v. Commonwealth of Pennsylvania, 2024 WL 510521 (3rd Cir. Feb 9, 2024), provides a good example of employees needing to understand how to navigate and timely make requests for medical leave under the Family and Medical Leave Act (“FMLA“)....
Family Medical Leave Claims
After Issue 2, Ohioans Are Ready for Clam Baking
While outdoor cooking of shellfish has been legal for decades, Ohio voters are now adding to their palates a new herb. Recreational marijuana becomes legal in Ohio as of December 7, 2023. Medical marijuana has been authorized since 2016, allowing patients who have...
Can Employers Require Medical Documentation for Each FMLA Absence?
Navigating Disability Accommodation and Leave In the vast labyrinth of employment law, there are moments when even the most seasoned employees find themselves lost, desperately searching for answers to questions that seem like they’ve been pulled from a legal version...
When FMLA Ends, Employees Must Report Or Extend
In the intricate world of employment law, the Family and Medical Leave Act (“FMLA”) stands as a vital pillar, offering a lifeline to employees facing health challenges or family obligations. The recent case of Boston v. TrialCard, Inc. out of the United States Court...
Yes, You Can Be Fired For Refusing To Work: The Tale of Rutledge’s Morning Standoff
Welcome, dear readers, to a compelling discussion in the world of employment law. Today, our disability discrimination and FMLA attorneys delve into the intriguing case of Rutledge v. Board of County Commissioners of Johnson County, Kansas, where an employee’s refusal...
Yes, You Can Be Fired For Fraudulently Taking FMLA Leave
Employees who lie about a medical condition to take protected leave under the Family and Medical Leave Act (“FMLA”) can be fired for dishonesty. Moreover, even if an employer legitimately believes that the employee committed fraud to get FMLA leave, a claim for FMLA...
The Cautionary Tale Of A Good Employment Case
As my good friend, Kenny Rodgers, once said, “You’ve got to know when to hold ‘em, know when to fold ‘em, Know when to walk away, know when to run.” There comes a time in most every case when a plaintiff-employee can claim the win by settling the case. The trick is to...
What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
Today, we look at the recent United States Court of Appeals for the Eleventh Circuit case of Graves v. Brandstar, Inc., No. 21-13469, 2023 WL 3316741 (11th Cir. May 9, 2023). Jessica Graves was an employee of the Florida-based Brandstar Studios, which provided...
Don’t Count On Judges To Do What You Expect
Sometimes, no matter what you do; no matter what evidence you present; no matter what the law says – a judge is going to do whatever the judge wants to do. A good example of this proposition is found in the case of Edge v. TLW Energy Services, L.L.C., No. 22-50288,...
Can I Travel During FMLA Leave?
Like most employment law issues, the answer is: it depends on the circumstances. The Family and Medical Leave Act (“FMLA”) provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. While an employee is on FMLA...