An Alabama employee recently lost her Family Medical Leave Act case because the period for which she sought leave was after the last day of her temporary employment. The case, and the 11th Circuit Court of Appeals ruling in it, provides some helpful guidance to Georgia employers and employees when…
A county road commission worker was able to deflect his employer’s attempt to defeat his Family and Medical Leave Act case by arguing that the employee was ineligible. Although the employee was, in fact, ineligible, the employer’s poorly worded employee manual appeared to promise FMLA coverage to the employee. That…
Pregnant women in the workplace face many challenges. Sometimes, those challenges can include things like being forced to take unpaid leave when their pregnancies restrict them on the job. One gas station worker, whom her employer forced onto leave after she became limited at work, lost her Family and Medical…
Winning a claim for illegal retaliation against an employee’s request for leave under the Family and Medical Leave Act requires several types of proof. One essential ingredient is evidence showing that the employee’s request for leave was (in whole or in part) the cause for his termination. A welding technician’s…
In a noteworthy decision from this past June, the 11th Circuit Court of Appeals overturned a judgment in favor of an employer in an employee’s Family and Medical Leave Act lawsuit. The appeals court decision clarified that, when it came to establishing whether or not the employee had a serious…
A nursing home employee, who was pursuing her employer for multiple forms of discrimination and retaliation, lost in her effort to revive her disability discrimination claim on appeal. The 11th Circuit Court of Appeals concluded that an employer’s mere knowledge that an employee had visited a doctor and that the…
The 11th Circuit Court of Appeals in Atlanta issued a ruling that will likely make it easier for Georgia public school employees to pursue lawsuits against their employers for violations of federal employment laws like the Family and Medical Leave Act. The ruling concluded that public school districts are not…
A new rule issued by the Department of Labor (DOL) amends the Family Medical Leave Act’s (FMLA) definition of “spouse” to include same-sex couples married in states where same-sex marriage is legally recognized. Under the new rule, codified at 29 C.F.R. § 825.102 and 825.122(b), two people are married for…
A trucking company that fired a truck driver who had been diagnosed with alcohol dependency did not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), according to a recent Eleventh Circuit ruling. The plaintiff in the case was employed in Georgia by the…
With perks like arcades, ball pits, laundry services, round-the-clock meals, and pretty much anything else it takes to coddle energetic young employees not quite ready to assume full adulthood, Silicon Valley firms are legendary for offering workers anything it takes to keep them at their desks instead of tending to…