In this month’s podcast, we take a look at how light duty works under the FMLA, and explain what employers can and cannot require of employees.
Listen to the podcast here.
October 2009
Employee Can Advance FMLA Claim Even Though Leave Not Taken
By Jeff Nowak on
In a ruling that broadens employee protections under the Family and Medical Leave Act, a federal appellate court recently held that an employee may advance FMLA interference and retaliation claims even when the employee requested but did not take FMLA leave. Erdman v. Nationwide Insurance Company (pdf).
The Facts
In Erdman, the plaintiff requested…
Employer May Raise Defense that an Employee is Ineligible for FMLA Leave Even After Leave is Given
By Jeff Nowak on
Does an employee have the right to take FMLA leave and be restored to the same or equivalent position even though the employer does not employ 50 employees and is not covered by the FMLA? The answer may depend on the particular court hearing the case, as evidenced by a recent federal appellate court decision. …