FMLA Tag Archives — New Jersey Employment Lawyer Blog

Employer Can Fire Employee it Honestly Believes Abused FMLA Leave

May 4, 2022 | by Jonathan I. Nirenberg

A recent unpublished decision from the Third Circuit concludes that an employer can fire an employee because it honestly believes she abused her Family & Medical Leave Act (“FMLA”)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 attention deficit hyperactivity disorder (“ADHD”), severe oppositional defiance disorder, chronic depression, and anxiety.

For many years, Cooper allowed Ms. VanHook to take an intermittent FMLA leave to care for her son when he was not in school or supervised by someone else. However, Ms. VanHook’s supervisor eventually heard from another employee that Ms. VanHook might be using her FMLA leave inappropriately. In addition, Cooper’s Human Resources Department heard that Ms. VanHook was often using her FMLA Leave immediately before a weekend or another day off, which raised suspicion.

New Jersey Court Recognizes Importance of Recertifying FMLA Leave

August 13, 2021 | by Jonathan I. Nirenberg

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 corrections officer for the Camden County Board of Chosen Freeholders, which does business as the Camden County Department of Corrections (“DOC”). Mr. Calio alleges the DOC violated the FMLA and the New Jersey Family Leave Act (“NJFLA”) when it suspended him after he took time off to help care for his mother who suffers from dementia.

On several previous occasions, Mr. Calio asked the DOC for an intermittent family leave so he could help care for his mother, and the DOC granted his request. His most recent request was in 2018, which he sought due to his mother’s intermittent flare ups that caused her to be incapacitated once per month for up to five days. The DOC granted Mr. Calio permission to take up to one week off every four weeks between December 12, 2018 and June 12, 2019.

New Jersey Family Leave Act Amended Again

May 15, 2020 | by Elliot M. Baumgart

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 widespread occurrence of an infectious disease. The amendment is retroactive to March 25, 2020.

In addition to the previous justifications for an employee taking family leave, including so the employee can provide care made necessary by reason of the birth or adoption of a child, or the “serious health condition” of the employee’s family member, the amendment creates a whole new category of circumstances that now qualify as a basis for a job-protected family leave.

Employer Must Prove it Did Not Retaliate in Violation of FMLA

April 18, 2017 | by Jonathan I. Nirenberg

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 in unlawful discrimination or retaliation.

Joseph Egan began working for the Delaware River Port Authority in July 2008 as a Project Manager for Special Projects. In March 2012, the Port Authority transferred him to its Engineering Department on a special assignment for an unspecified period of time.

Mr. Egan suffers from migraine headaches, which became much more frequent after he started working in the Port Authority’s Engineering Department. As a result, he requested an intermittent FMLA leave. The Port Authority granted his request.

Employer’s “Honest Belief” Defeats FMLA Retaliation Claim

February 7, 2017 | by Jonathan I. Nirenberg

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, LLC. Mr. Capps suffers from Avascular Necrosis, a condition involving a “loss of blood flow, severely limiting oxygen and nutrient delivery to the bone and tissues, essentially suffocating and causing death of those cells.” As a result, Mr. Capps has arthritis in both hips and had double hip replacement surgery in 2004. He also periodically experiences severe pain that can last for weeks. Accordingly, he requested and Mondelez granted him an intermittent FMLA leave, meaning he could take time off when it was medically necessary.

On February 14, 2013, while he was on an FMLA leave, Mr. Capps went to a local pub for dinner and drinks. On his way home, he was arrested for drunk driving. He was released from jail the next morning, Friday, February 15, and took that day off as FMLA leave. He returned to work on Monday, February 18.