FMLA Category Archives — Page 5 of 6 — Atlanta Employment Attorneys Blog Published by Atlanta, Georgia Employment Lawyers

Temporary Employees and FMLA Leave in Georgia

February 10, 2016 | Parks, Chesin & Walbert

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 it comes to temporary employees and the FMLA. In ruling in favor of the employer, the court explained that employers can terminate temporary employees, thereby preventing them from taking FMLA leave, as long as the termination would have occurred just the same even in the absence of the employee’s leave request.

The employee in this case, Janet Scotnicki, was a nurse in the Coronary Care Unit (CCU) at the University of Alabama at Birmingham Hospital. Scotnicki had a condition called Autoimmune Cerebellar Ataxia. Symptoms of her condition include problems with balance and walking. In 2007, the nurse took a month of FMLA leave to seek medical treatment. When she and her supervisor discussed her return to work, her supervisor proposed two possible opportunities that were more sedentary than her CCU job. Scotnicki chose a job with the Interventional Cardiology office, even though the supervisor clearly indicated that this job was only temporary.

Alert to Tennessee Employers: Errors in Your Employee Manuals Can Cost You When it Comes to FMLA Litigation

November 18, 2015 | Parks, Chesin & Walbert

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 was enough for the 6th Circuit Court of Appeals to decide the employee was allowed to go forward to trial with the argument that the employer should be legally barred from arguing about eligibility as a result of the misrepresentation and the employee’s reliance upon it.

The worker who sued was Terry Tilley, an employee of the Kalamazoo County Road Commission. In late July 2011, Tilley’s supervisor reprimanded him for failing to complete certain assignments on time. The supervisor imposed a new set of deadlines by which Tilley must have his work finished or else face additional punishment, including job termination. On the morning of the last day for completing one of the assignments, Tilley suffered a medical event that led to his admission to a hospital, from which he was not released until the next day.

Sixth Circuit Upholds Ruling for Employer in FMLA, Pregnancy Discrimination Dispute

October 28, 2015 | Parks, Chesin & Walbert

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 Leave Act and pregnancy discrimination suit. The Sixth Circuit Court of Appeals issued a ruling that concluded that, although the employer’s policy might appear harsh, the employee had no proof the employer did anything that comprised a violation of the law.

The employee, Lauri Huffman, was a shift leader at a Speedway LLC gas station when she became pregnant. The job sometimes required her to work long shifts and perform strenuous physical tasks. Four months into her pregnancy, the woman’s OB/GYN told the patient to stop working shifts longer than eight hours and to take 15-minute breaks every four hours. Huffman conveyed the information to her employer, and Speedway accommodated her restrictions.

Welder’s FMLA Retaliation Case Fails Due to Lack of Proof that Leave Request Triggered Termination

September 16, 2015 | Parks, Chesin & Walbert

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 case fell short because the people he told about his leave request were not among the people who made the decision to terminate his employment, leading the trial court and the 11th Circuit Court of Appeals to decide that his case lacked this vital proof of a link of causation.

Ed Rudy had worked as a ceramic welding technician for Walter Coke, Inc., a manufacturer of coke used in blast furnaces and foundries, since 2000. In 2009, he missed several months of work due to a back injury. In the summer of 2010, he hurt his back again while moving a 55-pound bag of silica powder. Rudy sought medical attention and was scheduled for a diagnostic imaging procedure in late September. After undergoing the procedure, Rudy told his immediate supervisor that the results were poor and that he would need back surgery.

Employee Can Use Information Submitted Post-Termination to Prove Part of FMLA Case

August 19, 2015 | Parks, Chesin & Walbert

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 medical condition as required by the law, all of the evidence should be considered, regardless of when the employee provided that information to the employer. The fact that the employer had already terminated the employee when she handed over certain doctors’ forms was irrelevant to deciding whether those forms proved the employee had the required serious medical condition entitling her to FMLA leave.

The employee in the case, Regina White, worked for Beltram Edge Tool Supply, Inc., a food industry service provider. In 2010, White hurt her knee, but the injury was not so serious that she could not continue working. Near the end of the year, White’s health caused her to begin missing work, but that absence was unrelated to her knee injury. During that five-week absence, she reinjured her knee.

Eleventh Circuit Decides Employer Lacked Knowledge of Employee’s Disability

August 5, 2015 | Parks, Chesin & Walbert

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 doctor had advised the patient she could not return to work “until further notice” was not enough to prove that the employer knew the employee had a disability.

The employee, Portia Surtain, worked at Hamlin Place of Boynton Beach, a nursing home in South Florida. During her employment, Surtain submitted a request for medical leave. The employer, aware that Surtain had visited a doctor for “unknown health reasons” and that the doctor had advised her to stay away from work until further notice, terminated the employee.

Federal Appeals Court Allows Georgia Schoolteacher to Pursue FMLA Claim Following Termination

July 8, 2015 | Parks, Chesin & Walbert

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 “arms of the state” government, which means that they are not immune from federal employment actions, such as the FMLA case launched by a Georgia high school teacher who was terminated for her use of FMLA leave to deal with the effects of her sickle cell anemia.

The case involved the termination of Zaneta Lightfoot from her job with the Henry County School District south of Atlanta. Lightfoot began as an English and drama teacher, and cheerleading coach, at Woodland High School in 2007. The teacher had sickle cell anemia, which caused her to experience bouts of extreme pain and weakness. Lightfoot asked for and received permission to take intermittent periods off from work under FMLA when her condition made working untenable during the 2010-11 school year.

Definition of “Spouse” Under FMLA Amended to Include Same-Sex Couples

March 18, 2015 | Parks, Chesin & Walbert

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 purposes of the FMLA if the jurisdiction in which they were married recognizes them as legally married. The old rule looked to the place of the couple’s residence, which meant that same-sex couples who resided in Georgia and Tennessee were not currently eligible for FMLA leave, even if they were married in one of the growing number of states that has legalized same-sex marriage.

The new rule also contemplates couples married outside the United States. A same-sex marriage or same-sex, common-law marriage originating in another country will be recognized under the FMLA so long as the couple could have been married or common-law married in at least one U.S. state.

Eleventh Circuit Affirms Georgia Truck Driver’s Termination Did Not Violate ADA, FMLA

February 11, 2015 | Parks, Chesin & Walbert

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 defendant, a trucking company, as an over-the-road driver. In 2010, the plaintiff requested and was granted an FMLA leave of absence to care for a “serious health problem” after talking with his personal physician about his alcohol issues. Upon completion of a 30-day program at an inpatient substance abuse facility, the plaintiff’s physician certified that he was fit to return to work. A week after his discharge from the treatment program, the plaintiff was fired. The reason given was that his clinical diagnosis of chronic “alcohol dependence” made him unfit for his job according to company policy and DOT regulations.

The plaintiff sued his former employer for wrongful termination under the ADA and interference and retaliation under the FMLA. The U.S. District Court for the Northern District of Georgia granted summary judgment on behalf of the defendant. The plaintiff appealed to the Eleventh Circuit.

Rights and Risks When it Comes to Pregnant Employees

October 22, 2014 | Parks, Chesin & Walbert

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 an outside life. The latest entry in the “They get what?” panoply of benefits for high-tech workers is egg freezing, currently at Apple and Facebook and, presumably, to be adopted by more companies if it proves popular. While it’s being touted as a generous perk worth around $20,000, there’s no shortage of fierce criticism that it’s simply a manipulative way to extract longer, more focused efforts from younger employees the companies don’t want to see distracted by families and greater work-life balance. (It’s worth noting that, in some cases, the offer is extended to spouses of employees, so it’s not just the female workers who are affected by the new benefit).

While the debate about whether such a program assists or coerces delayed family planning is new enough that it should provide plenty of back and forth for quite some time, a much more established consideration for women of childbearing age is how a pregnancy would affect their jobs. Despite some longstanding laws designed to protect pregnant workers’ livelihoods, there is often a good deal of confusion for both them and their employers regarding rights and obligations.