Protection for employees who request leave or otherwise assert FMLA rights
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1555 cases
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Badgett v. Federal Express Corp., No. 1:04 CV 220.
...limitations within the supporting federal regulations. In Lewis v. Harper Hospital, the district court examined the language of 29 C.F.R. § 825.220(a)(1), which prohibits employers from "interfering with, restraining, or denying the exercise of (or attempts to exercise) any rights provided ......
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Anderson v. Sch. Bd. of Gloucester Cnty., Civil Action No. 3:18cv745
...only refusing to authorize FMLA leave, but discouraging an employee from using such leave." Sumner, 2015 WL 3444885, at *4 (quoting 29 C.F.R. § 825.220(b)). The Fourth Circuit has explained, however, that "the FMLA does not require an employee to be restored to his [or her] prior job after ......
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Grosso v. UPMC & Biotronics, Inc., Civil Action No. 10-0075
...use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions. . . ." 29 C.F.R. § 825.220. The first element of a FMLA retaliation claim, being protected under the FMLA, relates to whether or not an employee took leave. See Conos......
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Sheaffer v. County of Chatham, No. 1:03 CV 0057.
...protects an employee from this type of retaliation or discrimination for exercising her FMLA rights.7 See 29 U.S.C. § 2615(a)(1)-(2); 29 C.F.R. § 825.220(c); Klaiber v. Rinaldi, No. 1:99CV541, 2001 WL 823529, at *3 (M.D.N.C. June 20, 2001). The Fourth Circuit has suggested in dicta that the......
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29 firm's commentaries
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Relief in Sight? DOL Issues Final FMLA Regulations
...has been hospitalized overnight. 29 C.F.R. § 825.302(c). 9 29 C.F.R. § 825.303(c). 10 29 C.F.R. § 825.303(a). 11 29 U.S.C. § 2613. 12 29 C.F.R. § 825.220. 13 29 C.F.R. §§ 825.202(b) and (d). 14 The former regulations did not permit employers to restrict the use of paid vacation or personal ......
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Term Limits for Contingent Workers: Urban Legend or Necessary Fix?
...Gas & Electric, (unpublished order) No. C-95-4638DLJ (N.D. Cal. 1999). 12 29 C.F.R. § 825.106(e). 13 29 C.F.R. § 825.106(e); 29 C.F.R. § 825.220(a). The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your sp......
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DOL Issues Six New Opinion Letters And Establishes A New Office Of Compliance Initiatives
...the 12 months necessary to remove pointsthen the employer may be unlawfully discriminating against employees who take FMLA leave. 29 C.F.R. § 825.220(c) (requiring that employees who take FMLA leave accrue the same benefits as employees who take equivalent non-FMLA Office of Compliance Ini......
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DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives
...the 12 months necessary to remove points—then the employer may be unlawfully discriminating against employees who take FMLA leave. 29 C.F.R. § 825.220(c) (requiring that employees who take FMLA leave accrue the same benefits as employees who take equivalent non-FMLA Office of Compliance Ini......
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10 books & journal articles
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Family and medical leave act
...acts that constitute interference, restraint, or denial of FMLA rights include “any violations of the Act or of [the] regulations.” 29 C.F.R. §825.220(b). FMLA retaliation claims are analyzed under the same legal format as those arising under the other federal anti-discrimination laws. See ......
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Family and medical leave act
...and that the DOL interpreted these provisions as protecting employees who request leave or otherwise assert protected rights. 29 C.F.R. §825.220. The court rejected the defense argument that the employee was not an eligible employee, holding “Defendants’ construction of the statute is incon......
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If I Sign this Release, I can Still Sue you Later, Right? The Current (And Future) Status of FMLA Waivers
...waivers have the potential to be problematic. The statute is silent on the issue of waivers, but the Code of Federal Regulations at 29 C.F.R § 825.220(d) specifically provides that “[e]mployees cannot waive, nor may employers induce employees to waive, their rights under [the] FMLA.” 7 In J......
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Deposing & examining lay witnesses
...her for exercising or attempting to exercise a FMLA right. Martin v. Brevard County Pub. Sch ., 543 F.3d 1261, 1267 (11th Cir. 2008); 29 C.F.R. §825.220(c). To establish a prima facie case of retaliatory discharge under the FMLA, an employee must show: (1) she availed herself of a protected......
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