Category: Family And Medical Leave Act

Under Department of Labor regu­lations, an employee need not use any “magic words” to trigger an employer’s obligations under the Family and Medi­cal Leave Act and need not use the acro­nym “FMLA.” However, the employee must provide enough information to the employer to give the employer a reason to believe that the employee may have FMLA rights. A recent case involving an Alabama firefighter illustrated how extremely vague communication…

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Debra Nelson and Michael Krah are corrections officers for Allegheny County, Orlando. Krah has been certified as eligible for intermittent leave under the FMLA on account of his need to care for his mother, who is suffering from Alzheimer’s. Nelson has been certified as eligible for intermittent leave under the FMLA by reason of her own serious medical needs. Because of these conditions, Nelson and Krah are restricted from…

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Yasin Reeder was employed as a police officer for the Wayne County, Michigan Sheriff’s Office, and worked in the jail. In 2013, Reeder began to experience anxiety and depression that interfered with his ability to work. He attributed the anxiety primarily to the discovery of his brother’s body in the Detroit River after he’d been missing for several months, and to his father’s terminal cancer diagnosis. Reeder began to…

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Robert Festerman was a police officer in the Wayne County, Michigan jail. Due to understaffing, involuntary overtime was a common occurrence, and deputies like Festerman did not have the right to refuse overtime assignments. If an officer refused a mandatory overtime assignment or failed to report for such assignment, that officer’s supervisor would issue a Conduct Incident Report (CIR), documenting the officer’s refusal to follow a direct order. It…

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The Family and Medical Leave Act (FMLA) allows employers to request medical certification from employees who request leave under the Act. The FMLA also allows an employer to unilaterally designate leave taken by an employee as FMLA leave, even over the employee’s objections. A New Jersey appellate court recently had to decide whether employer-designated FMLA leave allows an employer to demand medical certification. The case involved an employee of…

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The Family and Medical Leave Act (FMLA) allows employers to request medical certification from employees who request leave under the Act. The FMLA also allows an employer to unilaterally designate leave taken by an employee as FMLA leave, even over the employee’s objections. A New Jersey appellate court recently had to decide whether employer-designated FMLA leave allows an employer to demand medical certification. The case involved an employee of…

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