Q - Potential client enters hospital for treatment of alcoholism (haven’t checked if there is an exclusion for this in FMLA). Employer provides medical certification form. Doctor never completes it despite several phone calls from client. Deadline comes and goes. Employer fires client.
Any liability on part of physician or employer?
A - I’ve [...]

“To prevail on her claim of interference and restraint, Plaintiff need only prove that the exercise of her rights under the FMLA was at least part of the reason for her discharge.”
FMLA violations occur when an employer is motivated, at least in part, by the employee’s exercise of her rights under the FMLA. Other [...]

The general statute of limitations for FMLA violations is two years. This means that you have 2 years from the date of the violation to bring a civil suit concerning it. If you can prove that the FMLA violation was willful (intentional) on the employer’s part, then the statute of limitations for a [...]

A. “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves one of the following:
1. Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility including any period of incapacity or subsequent treatment m connection with or consequent to such inpatient Care.

Manager was fired after missing an important meeting due to sinus infection and toothache. Court ruled that his firing was not in violation of FMLA as sinusitis was not a serious health condition covered by the FMLA.
Hastings v. Carlson Mtg. Group Inc., D. Minn.

In Cruz v. Publix Super Markets, Inc., 11th Cir., the eleventh circuit appeals court held that pregnancy is not a serious health condition unless it involves complications; therefore, a mother could not use FMLA leave in order to coach her daughter through childbirth.

Family and Medical Leave FormCLICK HERE TO ORDER
Family and Medical Leave Act Form to provide notification to employers of contemplated Family and Medical Leave. Protect your rights and ensure your ability to take Family and Medical Leave by giving proper notice to your employer of your need to go on leave.