FMLA Retaliation

from the September 2012 LEL Labor and Employment Law News

In a recent Family Medical Leave Act case, an employee contended that he was denied tenure because he had taken leave protected under the Family Medical Leave Act. The court denied his employer’s motion for summary judgment and concluded that the plaintiff could take his case to trial.

Among other issues, the court pointed out that U.S. Department of Labor regulations hold that when an employer fails to keep accurate records of hours worked by an employee, the employer has the burden of proving that an employee had not worked enough hours to qualify for FMLA leave. Donnelly v. Greenburgh Center School District No.7, Case No.11-2448 (2d Cir. Aug. 10, 2012)