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

Snow Day? What the Federal Rules Say About Partial-Week Business Closures and the Calculation of FMLA Leave

January 23, 2026 | Parks, Chesin & Walbert

With extreme winter weather striking many parts of the country (and soon to bear down on this area), employers must consider the possibility of short-term closures. Whether an employer closes for a day or a few days, the closure affects all employees, including those on Family and Medical Leave Act (FMLA) leave. As with all aspects of FMLA leave calculation, if you have questions, make sure you get reliable answers by speaking to a knowledgeable Atlanta FMLA leave lawyer.

These issues are of keen importance to both employers and employees alike. An employer who deducts time from an employee’s total FMLA leave entitlement risks exposing itself to civil liability for FMLA interference. For employees, these issues are vitally important given the limited FMLA leave the statute provides (a maximum of 12 workweeks in a 12-month period).

Recently, the U.S. Department of Labor’s Wage and Hour Division fielded a question about short-term business closures and FMLA leave. The entity seeking clarification in this case was a school employer dealing with a closure of less than one week.

What Employees Do (and Do Not) Need to Say (or Do) to Satisfy the FMLA’s Notice Requirement

January 9, 2026 | Parks, Chesin & Walbert

The circumstances surrounding employees who need Family and Medical Leave Act leave are not necessarily black-and-white. An employee in need of FMLA leave may also have a history of attendance problems at work. Even if the employee’s absenteeism is extensive and has the employee on the edge of termination — perhaps especially in these scenarios — a wise employer will proceed with extreme caution to ensure the employee’s absence is not covered by the FMLA before taking punitive disciplinary action. As with any matter, part of “proceeding with caution” means getting knowledgeable legal advice from an experienced Atlanta FMLA retaliation lawyer.

The FMLA case of a public bus driver clearly highlights this issue.

The driver, I.W., had sickle cell anemia. The employer knew about the condition as the driver had disclosed it when the employer hired him in 2018 and discussed the disease with several of his supervisors.

Medical Certifications in FMLA Cases: Crucial But Not Controlling, According to One Federal Appeals Court

December 17, 2025 | Parks, Chesin & Walbert

Family and Medical Leave Act cases can be complex and nuanced matters. Even issues that might seem black-and-white can actually be filled with gray areas. If you have questions about an FMLA issue, ensure you are proceeding with knowledgeable advice from a skilled Atlanta FMLA lawyer.

An FMLA interference case from outside Georgia illustrates one such area: the FMLA medical certification.

The employee in this case, D.D., became ill while employed at a state-run assisted living center. A visit to an urgent care clinic revealed that she was pregnant and her symptoms were morning sickness.

How an Employee’s Termination May Have Constituted Illegal Interference with His FMLA Rights

November 21, 2025 | Parks, Chesin & Walbert

Employers need to be vigilant to ensure they are not overlooking employee circumstances that potentially implicate the Family and Medical Leave Act. Employers’ failure to recognize that an employee has a qualifying need for intermittent FMLA leave is a common pitfall that can entrap unwary employers. Whether you are an employer or an employee, you should consult an experienced FMLA interference lawyer if you have questions about whether a scenario implicates a need for intermittent leave.

An FMLA case that recently went before the 11th Circuit Court of Appeals puts this issue of correctly identifying FMLA-qualifying needs in the spotlight.

The employee, T.J., worked as a freight handler for a shipping and transportation company. His job duties included loading and unloading trucks. His employer demanded that freight handlers like T.J. check with a supervisor before clocking out each day to see if other trucks needed loading or unloading. If so, the employer expected the handlers to work overtime until all trucks were loaded/unloaded.

‘Serious Health Conditions’ Under the FMLA and What It Takes to Prove that a Worker Does (or Does Not) Have One

October 31, 2025 | Parks, Chesin & Walbert

In FMLA matters, things that may seem self-evident are not always so. For example, as a recent federal appeals case demonstrated, even if an employer granted FMLA leave to an employee, that employee may not necessarily have been entitled to the leave. If they were not, then they cannot pursue a case of retaliation or interference. If you have questions about entitlement to FMLA leave or the required elements of a retaliation or interference case, be sure to get knowledgeable answers by talking to an experienced Atlanta FMLA lawyer.

L.H., the employee, worked as an investigator for a university in Texas, tasked with “investigating allegations of harassment, discrimination, sexual misconduct and retaliation.” Due to mental health issues, the investigator requested FMLA leave from February 17, 2023, to May 1, 2023. On the day the investigator returned to work, her supervisor and the university’s head of HR met with her to tell her that the university was terminating her employment.

The investigator subsequently sued for interference with FMLA rights and retaliation. According to the investigator, the university fired her in retaliation for taking leave. According to the university, it fired the investigator due to performance problems it discovered while she was on leave.

The Importance of Satisfying the Proper ‘Causation’ Standard in an FMLA Retaliation Case

October 17, 2025 | Parks, Chesin & Walbert

Family and Medical Leave Act (FMLA) retaliation litigation serves an essential purpose by providing recourse to workers who were unfairly subjected to adverse employment actions for engaging in protected activities, such as requesting or taking FMLA leave. Whether you are an employee who has encountered this type of mistreatment or you are an employer who has taken an adverse action against an employee for a perfectly valid and legitimate reason, it is crucial to understand how to proceed properly in an FMLA retaliation action. That includes retaining an experienced Atlanta FMLA retaliation lawyer who can help you navigate the procedural details and legal nuances of this area of the law.

One of the most essential parts of any FMLA retaliation case is causation—the assessment of whether an employee’s protected FMLA activities caused their employer to punish them. Proving or disproving causation can be vital to the success of your case, and the standard for causation can vary based on where you litigate, as a recent retaliation case shows.

D. D.-S., the employee, worked for a local government in Louisiana from 2008 to 2020. In November 2019, she took a week of sick leave. Immediately after that, she requested FMLA leave to care for her ailing husband. The employee’s 12 weeks of FMLA leave expired in late February, and the employer declined to offer an extension.

How an Employer’s Refusal to Rehire a Former Employee May Constitute FMLA Retaliation

September 24, 2025 | Parks, Chesin & Walbert

A lumber mill worker’s recent success in federal court represents a noteworthy outcome for multiple reasons. For the worker, it recognizes that an employer may be liable for retaliation under the Family and Medical Leave Act, both by terminating the worker and by subsequently refusing to rehire them. On the employer side, it demonstrates just how crucial it is to document carefully why your business makes the decisions it does regarding hiring, firing, and rehiring, and how this is even more critical if your business is dealing with a worker who has engaged in statutorily protected activities in the past. Whether you are a worker or an employer, an experienced Atlanta FMLA retaliation lawyer can provide essential answers to questions you have about this issue.

The worker, E.B., worked for two years, from 2015 to 2017. According to the employee’s lawsuit, he “worked in every department … without complaint or discipline.” The employer allegedly fired him in December 2017 after he requested and took FMLA leave to care for his disabled wife.

E.B. sued for FMLA retaliation in 2019. K.B., a coworker at the mill, submitted a sworn statement in support of E.B. as part of that lawsuit.

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.