FMLA Category Archives — Atlanta Employment Attorneys Blog Published by Atlanta, Georgia Employment Lawyers

Employer Termination Decisions, Employee Invocation of FMLA Rights, and the Importance of Timing in Interference and Retaliation Cases

August 29, 2025 | Parks, Chesin & Walbert

Employers must tread carefully when disciplining (or firing) workers who have sought to invoke their Family and Medical Leave Act rights. Employers may be vulnerable to liability for FMLA interference or retaliation if they cannot demonstrate that the employee’s exercise of FMLA played no role in the decision-making that yielded the adverse action. On the other hand, employers who have clear evidence that FMLA was not a factor (such as an employer that made an internal decision to punish or fire a worker before the employee requested FMLA leave) need not fear proceeding with their intended adverse action. Whether you are an employer or an employee, the keys often lie with carefully documenting everything and promptly retaining a skilled Atlanta FMLA lawyer.

An FMLA case from here in Metro Atlanta is a good illustration.

The employer was an Alpharetta-based business marketing firm. The employee was one of its project managers. About five years into her tenure, the project manager’s new supervisor placed her on a Performance Improvement Plan (which is a type of formal discipline that establishes a deadline for an employee to improve deficiencies in their work).

Scenarios Where Employers May Fire or Demote Workers Who Are Taking FMLA Leave

August 18, 2025 | Parks, Chesin & Walbert

The Family and Medical Leave Act provides strong protections for workers who need leave. These include things like being reinstated to the same or a similar position after returning from leave. As with most legal concepts, this protection is not absolute. The law carves out exceptions, such as when the employer has evidence that it would have demoted or fired the worker even if they had never gone on FMLA leave. Whether you are a worker or an employer, you should talk to an experienced Atlanta FMLA lawyer if you have questions.

An FMLA case from nearby Douglas County shows how this concept works and how an employer can use it successfully.

E.P., the employee, was a deputy chief with the county fire department. Soon after he started, the State of Georgia altered its requirements for firefighter certification, requiring both hazardous materials (hazmat) awareness training and hazmat operations training.

How Long is Too Long? Inferring Causation and FMLA Retaliation Law

July 25, 2025 | Parks, Chesin & Walbert

A recent Family and Medical Leave Act dispute is a reminder of the importance of timing. In many FMLA retaliation cases, the matter may come down to whether an adequate link exists between the employee’s use of FMLA leave and the employer’s punitive action, and that existence may depend on exactly how close in time the two events occurred. If you have questions about an FMLA matter and potential retaliation issues, you should contact an experienced Atlanta FMLA retaliation lawyer to discuss your situation.

A recent retaliation case from outside Georgia serves as a reminder that gaps measuring multiple months are often too long to infer that a motive of retaliation caused the adverse employment action.

The employee in that case, L.C., was an account executive for a TV station in southern West Virginia. In February 2022, the executive gave birth to twins. However, during her C-section surgery, part of her urinary system suffered damage. This damage required a follow-up surgery, caused the executive severe pain, and limited her ability to stand, walk, and drive.

The Importance of Detailed Documentation in the Medical Certification Portion of the FMLA Leave Request Process

June 30, 2025 | Parks, Chesin & Walbert

Requesting leave under the Family and Medical Leave Act might seem like a simple and straightforward thing… but that is not always the case. Employees seeking leave must submit careful, detailed requests and supporting documentation (such as doctor’s notes) that sufficiently put employers on notice that the employee has a serious medical condition requiring FMLA leave. If you have questions about your rights and obligations under the FMLA, it is wise to consult an experienced FMLA leave lawyer.

A recent FMLA retaliation case from a federal court in Florida illustrates how a request can go wrong if not done correctly.

D.N., the employee, was a billing contract coordinator for a community organization who went into early labor and delivered her child prematurely. After the child’s birth, the coordinator requested four weeks of FMLA leave, spanning from early February to early March 2023. Alongside her request, the employee presented a note from her doctor to support the request.

Managing the ‘McDonnell Douglas Framework’ in Your FMLA Retaliation or Federal Discrimination Lawsuit

June 23, 2025 | Parks, Chesin & Walbert

Succeeding in advancing a Family and Medical Leave Act retaliation or interference claim (or defending against such an allegation) requires many things. It demands knowing all of the elements you must prove for success, and what the law says you need to satisfy those elements. A knowledgeable and experienced Atlanta FMLA interference lawyer can be essential to achieving this successful outcome.

A recent race discrimination and FMLA interference lawsuit illustrates some of the similarities between those two federal claims, including when it comes to the proof required to win.

The employee who sued, G.L., held a managerial position in the City of Atlanta’s agency responsible for providing drinking water and managing wastewater. While the manager was out on FMLA leave, an emergency occurred when one of the agency’s plants ran out of fluoride water treatment. Although an investigation eventually revealed that a higher-ranking employee (the deputy commissioner) knew about the shortage for “several days” before G.L. found out, the employer nevertheless demoted the manager after the shortage incident.

What an Employer Does (or Does Not) Need to Challenge an Employee’s FMLA Certification in Court

March 31, 2025 | Parks, Chesin & Walbert

Whether you are an employer or an employee, it is imperative to understand what the Family and Medical Leave Act does (and does not) require if you are hurt on the job. In particular, one should note what obligations the law does (or, more specifically, does not) impose on an employer that doubts the reality (or, at least, the severity) of an employee’s injuries, even when that employee has a certification from a medical provider. Like all procedural aspects of the FMLA, this process demands careful understanding of what the law allows, which is why having advice from a knowledgeable FMLA interference lawyer can be critical.

A recent FMLA interference case from our west delves into the question of an employer’s contesting an employee’s certification, even without a contrasting opinion from a different medical provider.

The employee, T.P., was an underground haul truck driver. One day, the driver reported hitting a mine wall while driving, causing his chest to slam into the armrest of the driver’s seat. The driver’s X-rays were normal, but based on the severe pain the driver reported, his doctor certified two-plus weeks of time off work. The driver used FMLA leave to cover that absence.

FMLA Retaliation and Interference Cases Against Public Employers

March 10, 2025 | Parks, Chesin & Walbert

Potential Family and Medical Leave Act (FMLA) violations might seem like straightforward black-and-white issues. Often, though, they are not. The FMLA contains many complex and nuanced elements. That is especially true if your FMLA matter involves an exceptional circumstance, such as when the family member requiring care is a military service member or when you work for a public employer. Whatever details and statutes your dispute implicates, your case needs — and deserves — advocacy provided by an experienced Atlanta FMLA retaliation and interference lawyer.

An FMLA case recently before the federal 11th Circuit Court of Appeals (which covers Georgia, Alabama, and Florida) examines this issue of caring for Armed Forces members and the FMLA.

The employee was a mom who worked as a program director for a public university in Alabama. In 2020, the director’s daughter endured a sexual assault at her Marine base, and the director requested FMLA leave to travel to Hawaii and care for her daughter.

What a Recent FMLA Retaliation Case Demonstrates about the Importance of Where a Dispute is Litigated

January 31, 2025 | Parks, Chesin & Walbert

Many variables may influence the eventual outcome when you decide to pursue (or need to defend) a Family and Medical Leave Act (FMLA) retaliation case. One that can sometimes be overlooked is where the case gets litigated. As a recent FMLA retaliation case from Oklahoma illustrates, the law is not always identical across all the federal circuits, creating variations that can make the difference between a dismissal and a case litigated all the way to trial. If you have questions about your matter (or potential case,) be sure to speak with a knowledgeable Atlanta FMLA retaliation lawyer.

Supervisor liability in an FMLA retaliation lawsuit is one of those issues where the venue of the case can make a huge difference.

Take, for example, a dispute between an IT worker at a public university, M.W.D., and the institution’s board of regents. The employee’s complaint alleged that the university fired her for taking FMLA leave, but the school contended it fired the woman for falsifying her absence reports.

Job-Related Protections the FMLA Provides to Workers Returning from Leave

January 10, 2025 | Parks, Chesin & Walbert

In 2023, the U.S. Department of Labor’s Wage and Hour Division (WHD) published a fact sheet regarding certain protections that the Family and Medical Leave Act (FMLA) affords workers who take covered leave. One of the keys is that the FMLA “provides job-protected leave from work.” That protection means not simply that the employee has a job waiting when they resume work but that they return their job (or an equivalent.) Whether you are an employee taking FMLA leave or an employer addressing FMLA issues, it pays to be mindful of these protections and, if you have questions or concerns, to speak to an experienced Atlanta FMLA leave lawyer.

Early last month, a customer service representative sued her employer for violating the FMLA. Specifically, the representative’s FMLA interference case alleged that her employer did not comply with the law’s “job-protected” aspects.

According to the lawsuit, the representative went through the proper FMLA process and obtained approval for a leave spanning several weeks in the fall of 2024, during which time she received treatment for RSV.

FMLA Eligibility and the Range of Relationships that Can Qualify as ‘In Loco Parentis’

December 27, 2024 | Parks, Chesin & Walbert

Today, relationships are more complex than ever — including familial interactions and duties. An adult incapable of caring for herself may rely on a niece/nephew, sibling, cousin, or other non-parental relative to meet all her care needs. When that happens, the caregiver may need periods away from work. Workers and employers alike should recognize that, depending on the exact details of the relationship and the caregiving duties, that caregiver relative may be entitled to leave under the Family and Medical Leave Act. Whether you are a worker or an employer, if you have a question about the extent of FMLA coverage, you owe it to yourself to seek answers from a knowledgeable Atlanta FMLA leave lawyer.

An FMLA interference and retaliation case playing out to our north highlights the issue of “in loco parentis” relationships and FMLA coverage.

The employee in the case, C.C., was a finance manager at an automobile dealership in Ohio. She was also the primary caretaker of a sister battling terminal cancer. In June 2019, the manager used the last of her paid time off (PTO) to attend to her sister, who lived in Kentucky.