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Employer Must Request More Information Before Denying FMLA Leave Based on...
The Third Circuit Court of Appeals recently ruled that when an employee submits a deficient medical certification in support of a request to take time off pursuant to the Family Medical Leave Act...
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Assemblyman Hopes to Improve New Jersey Paid Family Leave
According to a recent report in the New Jersey Law Journal, New Jersey State Assemblyman Reed Gusciora is planning to propose legislation to improve paid family leave benefits. The New Jersey Paid...
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Employer’s “Honest Belief” Defeats FMLA Retaliation Claim
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...
View ArticleEmployee Seeking Family Leave Entitled to Chance to Correct Deficient Medical...
A recent ruling from the District of New Jersey holds that an employer can violate the New Jersey Family Leave Act (“NJFLA”) by firing an employee for submitting a deficient medical certification to...
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Employer Must Prove it Did Not Retaliate in Violation of FMLA
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...
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Expansions to the New Jersey’s Family Leave Act
Last month, New Jersey amended its Family Leave Act to expand the protections it offers to employees in several key ways. The Family Leave Act is a law that entitles covered employees to take up to 12...
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New Jersey Family Leave Act Amended Again
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...
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New Jersey Court Recognizes Importance of Recertifying FMLA Leave
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...
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Employer Can Fire Employee it Honestly Believes Abused FMLA Leave
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...
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Court Reinstates Lawsuit Alleging Employer Searched Cellphone to Seek...
A recent decision by the Third Circuit Court of Appeals allows an employee to proceed with his retaliation claim based on evidence suggesting his employer’s decision to search his cellphone was an...
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