FMLA Category Archives — Atlanta Employment Attorneys Blog Published by Atlanta, Georgia Employment Lawyers

The Situations that Do (and Do Not) Entitle a Father-to-Be to FMLA Leave Before the Child is Born

November 8, 2024 | Parks, Chesin & Walbert

Welcoming a new child is often a joyous experience. It also can involve challenges that create a need to miss work. Taking an absence under the Family and Medical Leave Act may be an option for some. However, Employers and employees should note that not all pre-birth absences are covered by the FMLA. If you have questions about FMLA leave for pre-birth needs, you should consult a knowledgeable Atlanta FMLA lawyer to get sound and reliable answers.

The standard for pregnant moms is often relatively straightforward. If a pregnant employee is experiencing pregnancy-related medical symptoms that necessitate an absence from work (such as extreme morning sickness or doctor-mandated bedrest,) the mother-to-be may use FMLA leave for that absence. The employee may also use FMLA leave for prenatal medical care appointments.

For fathers-to-be, the situation is different and, therefore, the law is different. A recent FMLA interference and retaliation case from the 11th Circuit Court of Appeals illustrates some of the limitations regarding expectant dads and FMLA leave.

What the Law Says About Employees Returning to Work After Their 12 Weeks of FMLA Leave Has Expired

September 30, 2024 | Parks, Chesin & Walbert

A worker experiencing health difficulties presents challenges for the employee… and her employer. Employers should proceed carefully, ensuring that any potentially adverse actions they take do not run afoul of federal law. A misstep in this regard could harm not just the worker but also the employer’s business if it exposes the employer to liability for violations of federal anti-discrimination law or the Family and Medical Leave Act. With that in mind, if you are an employer or an employee facing this set of circumstances, it is wise to contact a knowledgeable Atlanta employment lawyer to discuss your rights and obligations.

Sometimes, an employer’s course of action (as laid out in an unfavorable court opinion) can represent a clear case of “what not to do.” A recent FMLA interference and disability discrimination lawsuit in Macon makes for a pertinent example.

The employee, D.L. was an administrative coordinator for a Middle Georgia family services non-profit. The coordinator, who had significant arthritis, took a period of leave following her Sept. 2, 2020, neck surgery. After a Nov. 19 appointment revealed a need for additional surgery, the doctor declared the woman out indefinitely. Two weeks later, the doctor said the coordinator could return to work on Dec. 8, provided she did not do any pushing, pulling, or lifting over 10 pounds.

FMLA Rights, Workplace Discipline, and ‘Temporal Proximity’ in Federal Retaliation Cases

August 30, 2024 | Parks, Chesin & Walbert

The Family and Medical Leave Act provides workers with many important statutory rights, including ones designed to protect employees from inappropriate workplace punishment for exercising their rights, or wrongful denial of benefits. These rights and protections are not unlimited, and they are not a “straitjacket” on employers preventing them from administering workplace discipline on workers who seek or use FMLA benefits. Employers may, in some situations, discipline – or even fire – a worker who has requested, has used, or is on FMLA leave. If you have questions about using FMLA benefits and issuing workplace discipline, get the advice you need by consulting a knowledgeable Atlanta FMLA retaliation lawyer as soon as possible.

Earlier this year, the 11th Circuit Court of Appeals (which covers federal actions in Georgia, Florida, and Alabama) looked into this issue of the interplay between workplace discipline and FMLA rights.

The employee, M.C., was a parks and recreation department worker for a city government in Florida. The employee received his requested FMLA leave forms in April 2018. City rules set a 15-day deadline for returning FMLA paperwork. M.C. returned his incomplete paperwork on July 12, more than three months after first receiving the forms.

The Importance of Proper Documentation — Including Medical Certification — in the FMLA Leave Process

August 16, 2024 | Parks, Chesin & Walbert

Whether you are a worker who needs to take time off from work or an employer, it is well worth your while to become familiar with the Family and Medical Leave Act (FMLA) and its rights and obligations. The FMLA offers essential rights to certain employees, but those rights are lost if the worker does not follow the proper procedures. Employers who fail to respond appropriately after a worker puts them on notice that an absence may be covered by the FMLA can face serious consequences. Whichever side you are on, it pays to contact a knowledgeable Atlanta FMLA leave lawyer and get the complete and accurate information you need.

As noted above, thorough documentation is key – whether that is proof of your compliance with the rules or the other side’s failure to do so. The recent FMLA interference case of an employee fired three days after returning from leave highlights this truth.

The employee, G.M., was one of two engineering assistants at a petroleum company. In August 2018, the assistant emailed her boss, stating that “some personal issues have come about at home that require my immediate attention so I will not be in today and I will need to take some time off for the next several weeks as well.” The assistant estimated that she would be out roughly 3-4 weeks.

Firing a Worker on FMLA Leave and the Law of FMLA Retaliation

July 17, 2024 | Parks, Chesin & Walbert

Sometimes, a worker’s requesting or taking Family and Medical Leave Act (FMLA) will cause an unethical employer to fire that employee wrongfully. Other times, though, a legally compliant employer legitimately needs to fire an employee on FMLA leave. Whether you are an employee caught in the former scenario or an employer thrust into the latter circumstance, you need a clear understanding of your FMLA rights and responsibilities, which is where the advice of an experienced Atlanta FMLA leave lawyer can be vital.

An example of the latter of those two FMLA situations occurred in a case that ended in federal litigation recently. The lawsuit pitted a municipal employer against one of its park employees.

The employee, M.M., was an assistant park manager who started and maintained a food pantry at the park’s family center. In early 2022, the city’s HR team enlisted a local police detective to investigate allegations that the manager had been unloading donated pantry items at her home and keeping them for herself

The Price of Non-Compliance: An Automaker in Alabama to Pay $438K for Engaging in Illegal FMLA Retaliation

June 14, 2024 | Parks, Chesin & Walbert

The Family and Medical Leave Act grants substantial rights to workers and has the potential to impose significant penalties on employers who fail to comply with the law, as an employer in neighboring Alabama found out recently. Given how costly a violation can be (either to you as an employer or a worker,) it is highly important to know your FMLA rights and responsibilities. If you have questions or concerns, you should consult an experienced Atlanta FMLA retaliation lawyer.

An investigation that the U.S. Labor Department’s Wage and Hour Division recently wrapped up is a good example of how employers can engage in FMLA retaliation, possibly even without malicious motivation.

The case involved two workers at an auto plant west of Birmingham, Alabama. One worker sought FMLA leave to care for a family member, and the other requested time off due to their own medical condition.

FMLA Interference Claims and the Importance of Accurate FMLA-Related Administration and Recordkeeping

May 28, 2024 | Parks, Chesin & Walbert

The Family and Medical Leave Act (FMLA) creates several responsibilities for employers, not the least of which is proper FMLA-related recordkeeping. The law allows employers to use a rolling 12-month period to assess an employee’s entitlement to leave. That allowance, however, means that the employer must accurately monitor and record both workers’ FMLA usage (and remaining leave time) and the date when the 12-month period rolls over. Failure to do so accurately can lead to erroneous FMLA denials and, as a result, create liability exposure based on an FMLA interference lawsuit. If you’re an employer seeking to ensure complete FMLA compliance or a worker who believes you’ve been harmed by a wrongful denial of FMLA leave, an experienced Atlanta FMLA interference lawyer can provide essential advice and information about your situation.

To win an FMLA interference case in federal court in Georgia (or Florida or Alabama,) an employee must demonstrate that she “(1) ‘was denied a benefit to which she was entitled under the FMLA,’ and (2) as a result was prejudiced in some way that is remediable’” by a court judgment.

A recent FMLA case from here in North Georgia shows how a recordkeeping issue and the confusion it possibly caused created a potential instance of FMLA interference.

What’s Required to Prove FMLA Retaliation in Federal Court in Georgia

January 10, 2024 | Parks, Chesin & Walbert

Whether you’re an employee or an employer, it is important to understand the rights and responsibilities set out in the Family and Medical Leave Act. It is also vital to know what you have to prove (as a worker) or disprove (as an employer) in a case of illegal retaliation or interference in violation of the FMLA. To better understand both your rights and your obligations — both at work and at trial — you should contact an experienced Atlanta FMLA retaliation lawyer to get the knowledgeable answers you need.

A recent federal case that originated in Florida is important for a couple of reasons. One, it establishes for the first time what the 11th Circuit Court of Appeals (whose decisions guide federal cases in Florida, Georgia, and Alabama) considers to be the proper analytical standard for assessing FMLA retaliation cases. Two, it provides a good reminder to employers of the profound benefits that can be reaped by engaging in proper and thorough documentation of workers’ performance (and performance issues) throughout their time with that employer.

In the FMLA case from Florida, the employee was a woman who worked for a nationwide chain of pharmacies. The employee had a son with profound disabilities, requiring her to use FMLA leave periodically.

FMLA Leave, Interference Claims, and When the Law Does (and Doesn’t) Require Employers to Give Workers Notice of Their FMLA Rights and Responsibilities

December 15, 2023 | Parks, Chesin & Walbert

The Family and Medical Leave Act provides several rights and imposes several responsibilities on employees and employers alike. It is important to be keenly cognizant of these rights and responsibilities, as failure to do so can be extremely costly. If you have questions about your FMLA rights and/or responsibilities, don’t hesitate to contact an experienced Atlanta FMLA lawyer to get the knowledgeable answers you need.

Late last month, we looked at an 11th Circuit Court of Appeals case of a South Florida writer and producer and some of the details regarding the law of “associational discrimination.” In the context of the Americans With Disabilities Act, associational discrimination occurs when your employer discriminates against you because you are “associated” with “someone who has significant medical needs” and for whom you “may need to provide care.”

The producer’s case is noteworthy for more than just the illumination it shone on associational discrimination, however. It also serves as an important reminder about the mechanics of the procedural requirements imposed by the FMLA.

The Importance of Following Your Employer’s ‘Usual and Customary’ Procedures for Requesting FMLA Leave

November 15, 2023 | Parks, Chesin & Walbert

The law imposes on employers numerous requirements when it comes to the Family and Medical Leave Act. Employers would be wise to ensure they have established clear procedures for allowing workers to seek leave, and then carefully document those requests. Workers, similarly, should take care to follow their employers’ established procedures for requesting FMLA leave, as a failure to follow those steps may be harmful to a future FMLA lawsuit. For answers to your FMLA questions, be sure you are consulting with a knowledgeable Atlanta FMLA leave lawyer.

In terms of following leave request procedures, an FMLA interference case from Gwinnett County is instructive.

The worker, I.K., was a store manager at a warehouse club store in Duluth when, in 2018, she became pregnant and had a baby. In the fall of that same year, she injured her back while moving a pallet of merchandise.