Family, Medical, and Other Leave Discrimination

Gordon v. U.S. Capitol Police: Retaliation and Interference with FMLA Rights A police officer who tried to get time off from work to help her cope with the suicide of her husband recently got a victory with decision from the U.S. Court of Appeals for the District of Columbia Circuit. The case shows that under […]

Employee Retirement Income Security Act (ERISA) What happens when employers take away or deny your benefits? A significant perk of employment for many—besides the obvious paycheck—is the benefits package. This is often particularly true for pregnant women and caregivers who are, or will be, facing significant health-related expenses. What protections do you have when an

In this case, an employer fired a woman because she had a baby who required expensive medical care. Thelma Fleming worked as a nurse practitioner for a nursing home, Covington Manor, three years before she gave birth to her first child. Her child was premature and required hospitalization for three months. Ms. Fleming’s medical expenses for her delivery

Family and Medical Leave Act (FMLA) The FMLA—for you intrepid souls who want to read it—can be found at 29 U.S.C. § 2601. This is the only federal law that explicitly provides a right for employees to take time off from work to provide self care (e.g., you just had surgery and need time to recover) or time to

The FMLA and the ADA are the two primary laws that protect those requiring leave from work. These laws overlap in some respects, yet they have significant differences. Which employers are covered by the FMLA? The ADA applies to any employer with fifteen or more employees. The FMLA applies to employers with fifty or more employees within

Case Study “Crappy” is a technical legal term that I will not define here. But this is essentially what a federal court in Connecticut found in Wanamaker v. West port Board of Education, 899 F. Supp. 2d 193 (D. Conn. 2012). This is a well reasoned case that is a must read for attorneys who represent clients subject to

Scenario 1 I suffer from ADHD and depression. Both worsened for a period of months and, as a result, I missed some important deadlines. Given my previous high performance, it should have been clear to everyone that I was experiencing health problems. One of my coworkers even asked me whether I had ever thought about taking Ritalin. I recently

The ADA specifically provides that time out of work can be a reasonable accommodation. Note that this is particularly useful when you have a combined right to FMLA and ADA leave. If you have a medical issue that counts as both a serious medical condition under the FMLA and a disability under the ADA and run out of

Keeping your medical records private in the workplace is difficult, and it’s even more challenging because the right thing to do is often the opposite of what your instincts might tell you to do: namely, to share your information freely with your supervisor. Here are three things you can do to help protect your information. 1. Don’t tell

Sample Scenario You work in accounting for a government agency. You’ve been there five years. After trying to get pregnant for more than a year, you are thrilled to find out you’re carrying a baby. Although you want to share the news with an assistant accountant who is also a close friend, you wait until you start to