Tag Archives: Family and Medical Leave Act

Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations

By Amy J. Traub and Saima Sheikh on July 26, 2017 Posted in FMLA

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in Cassandra Woods v. START Treatment & Recovery Centers, courts within the Second Circuit must consider whether the exercise of an employee’s … Continue Reading

No Return Date, No Problem: Seventh Circuit Reverses FMLA Summary Judgment for Employer

By Pat Muldowney on July 7, 2014 Posted in DOL, FMLA, Leave of Absence

On June 24, 2014, the U.S. Court of Appeals for the Seventh Circuit held that an employee did not forfeit her right to leave under the Family and Medical Leave Act (“FMLA”) to care for her seriously ill adult daughter by failing to provide her employer with an anticipated date of return. Gienapp v. Harbor … Continue Reading