The legal standard for liability for FMLA retaliation --what a plaintiff must prove -- is the subject of a recent U.S. District Court decision in Gourdeau v. City of Newton. The Court rejected the plaintiff’s FMLA retaliation claim that she only had to prove that her use of FMLA leave was a “negative factor” in [...]
On February 5, 2017, a Massachusetts Commission Against Discrimination (MCAD) hearing officer held that an employer’s obligation to provide a reasonable accommodation may exceed the leave time guaranteed by the Family and Medical Leave Act (FMLA). MCAD v. Country Bank For Savings , 10-SEM-02769 (J. Kaplan). The Complainant, Amanda LaPete, charged her former employer with [...]
On March 17, 2016, the Second Circuit Court of Appeals (the same court deliberating on Tom Brady’s suspension), ruled that a Director of Human Resources could exercise sufficient control over an individual’s employment to be subject to individual (personal) liability under the Family and Medical Leave Act (“FMLA”). Graziadio v. Culinary Institute of America et [...]
On November 4, 2014, Massachusetts voters passed Ballot Question 4, providing earned paid sick leave for employees. Effective July 1, 2015, employers with 11 or more employees will be required to allow all employees to accrue and use up to 40 hours of paid sick leave per calendar year. As it now stands, for purposes [...]
The Massachusetts Federal District Court recently answered the question: What recourse does an employer have when an employee fails to return his or her medical certification as required by the Family and Medical Leave Act (FMLA)? The good news, employers can hold employees accountable for meeting required deadlines.
The DOL issues Final Rule implementing the 2010 Family and Medical Leave Act (“FMLA”) Amendments.