A recent unpublished decision from the Third Circuit concludes that an employer can fire an employee because it honestly believes she abused her Family & Medical Leave Act (“FMLA”) leave. Marsha VanHook worked as a patient representative for Cooper Health System for approximately nine years. One of her sons has…
A recent District of New Jersey opinion emphasizes the importance of recertifying an intermittent Family & Medical Leave Act (“FMLA”) leave when your employer asks you to do so. An intermittent leave is when you seek permission to take time off, as needed in the future. Matthew Calio is a…
The New Jersey Family Leave Act (“NJFLA”) has been amended yet again, this time in response to the coronavirus epidemic. Signed into law by Governor Murphy on April 14, 2020, the amendment creates additional reasons why an otherwise eligible employee may use job protected family leave when there is a…
The Third Circuit Court of Appeals recently ruled that the mixed-motive proof pattern can apply to cases under the Family & Medical Leave Act (“FMLA”) even if there is no direct evidence of retaliation. Under that proof pattern, the employer has the ultimate burden to prove it did not engage…
Last week, the Third Circuit Court of Appeals ruled that an employee cannot establish a retaliation claim under the Family & Medical Leave Act (“FMLA”) if his employer honestly believed he abused his right to take time off under the FMLA. Frederick Capps worked as a mixer for Mondelez Global,…