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Category Archives: Family and Medical Leave Act/ New Jersey Family Leave Act

March 7, 2019

New Law Expanding Paid Leave Could Have Big Impact on Small Employers

On February 19, 2019 Governor Murphy signed legislation enhancing paid family leave for New Jersey employees. In 2008, New Jersey became the third state to offer paid family leave insurance (FLI) after enacting legislation amending the New Jersey Temporary Disability Law. Only five other states, plus the District of Columbia, have paid family leave.  The  Read More arrow

January 10, 2017

Employer Interference with FMLA Rights

In Ross v. Youth Consultation Serv., 2016 U.S. Dist. LEXIS 179693, 9-10 (D.N.J. Dec. 29, 2016), the Federal District Court decided a claim of interference with FMLA rights.  To establish an FMLA interference claim, a plaintiff must demonstrate five elements: the employee was an eligible employee under the FMLA; the employer was subject to the  Read More arrow

April 24, 2015

DOL Expands Definition of “Spouse” Under the FMLA

In a recent Final Rule that takes effect on March 27, 2015, the United States Department of Labor (“DOL”) has revised the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). The revised definition includes same-sex spouses for purposes of FMLA leave, regardless of the couple’s state of resident. The Final Rule does  Read More arrow

October 15, 2014

New Jersey Federal District Court – Worker’s Discharge Does Not Violate FMLA

In a case involving the Family Medical Leave Act, a federal district court recently held that the discharge of an employee during his FMLA leave did not violate the Act’s anti-retaliation or anti-interference provisions, because the employee could produce no evidence of a discriminatory attitude towards his termination.  Henson v U.S. Fooodservice, 2013 U.S. Dist.  Read More arrow

April 8, 2014

Eleventh Circuit Holds That Severance Agreement Can Bar Past FMLA Claims

In a case under the Family Medical Leave Act, the Eleventh Circuit recently held that while an employee cannot waive prospective FMLA rights, a severance agreement which released an employer from specific claims an employee might have had based on past interference or retaliation was valid. Paylor v. Hartford Fire Ins. Co., 2014 U.S. App.  Read More arrow

February 25, 2014

Ninth Circuit Holds That Employee Can Opt Not to Invoke FMLA Protection for FMLA-Qualified Leave

The Ninth Circuit Court of Appeals recently held that an employee can affirmatively decline to use FMLA leave, even if the underlying reason for seeking the leave would have invoked FMLA protection – meaning that an employer can justify terminating that employee without violating the statute if the employee is terminated for violating company policy.  Read More arrow

February 4, 2014

New Jersey Federal District Court Dismisses FMLA Claim Despite Some Evidence of Retaliation

A New Jersey Federal district court recently dismissed a plaintiff’s FMLA retaliation claim, even where there was some evidence that the employer had violated the Act. Lopez v Verizon, (D.N.J. 2014).  In Lopez, the plaintiff was employed by Verizon.  He violated the company code of conduct and had multiple outbursts at work.  There was no  Read More arrow