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

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.

The Situations that Do (and Do Not) Entitle a Father-to-Be to FMLA Leave Before the Child is Born

November 8, 2024 | Parks, Chesin & Walbert

Welcoming a new child is often a joyous experience. It also can involve challenges that create a need to miss work. Taking an absence under the Family and Medical Leave Act may be an option for some. However, Employers and employees should note that not all pre-birth absences are covered by the FMLA. If you have questions about FMLA leave for pre-birth needs, you should consult a knowledgeable Atlanta FMLA lawyer to get sound and reliable answers.

The standard for pregnant moms is often relatively straightforward. If a pregnant employee is experiencing pregnancy-related medical symptoms that necessitate an absence from work (such as extreme morning sickness or doctor-mandated bedrest,) the mother-to-be may use FMLA leave for that absence. The employee may also use FMLA leave for prenatal medical care appointments.

For fathers-to-be, the situation is different and, therefore, the law is different. A recent FMLA interference and retaliation case from the 11th Circuit Court of Appeals illustrates some of the limitations regarding expectant dads and FMLA leave.

What the Law Says About Employees Returning to Work After Their 12 Weeks of FMLA Leave Has Expired

September 30, 2024 | Parks, Chesin & Walbert

A worker experiencing health difficulties presents challenges for the employee… and her employer. Employers should proceed carefully, ensuring that any potentially adverse actions they take do not run afoul of federal law. A misstep in this regard could harm not just the worker but also the employer’s business if it exposes the employer to liability for violations of federal anti-discrimination law or the Family and Medical Leave Act. With that in mind, if you are an employer or an employee facing this set of circumstances, it is wise to contact a knowledgeable Atlanta employment lawyer to discuss your rights and obligations.

Sometimes, an employer’s course of action (as laid out in an unfavorable court opinion) can represent a clear case of “what not to do.” A recent FMLA interference and disability discrimination lawsuit in Macon makes for a pertinent example.

The employee, D.L. was an administrative coordinator for a Middle Georgia family services non-profit. The coordinator, who had significant arthritis, took a period of leave following her Sept. 2, 2020, neck surgery. After a Nov. 19 appointment revealed a need for additional surgery, the doctor declared the woman out indefinitely. Two weeks later, the doctor said the coordinator could return to work on Dec. 8, provided she did not do any pushing, pulling, or lifting over 10 pounds.

FMLA Rights, Workplace Discipline, and ‘Temporal Proximity’ in Federal Retaliation Cases

August 30, 2024 | Parks, Chesin & Walbert

The Family and Medical Leave Act provides workers with many important statutory rights, including ones designed to protect employees from inappropriate workplace punishment for exercising their rights, or wrongful denial of benefits. These rights and protections are not unlimited, and they are not a “straitjacket” on employers preventing them from administering workplace discipline on workers who seek or use FMLA benefits. Employers may, in some situations, discipline – or even fire – a worker who has requested, has used, or is on FMLA leave. If you have questions about using FMLA benefits and issuing workplace discipline, get the advice you need by consulting a knowledgeable Atlanta FMLA retaliation lawyer as soon as possible.

Earlier this year, the 11th Circuit Court of Appeals (which covers federal actions in Georgia, Florida, and Alabama) looked into this issue of the interplay between workplace discipline and FMLA rights.

The employee, M.C., was a parks and recreation department worker for a city government in Florida. The employee received his requested FMLA leave forms in April 2018. City rules set a 15-day deadline for returning FMLA paperwork. M.C. returned his incomplete paperwork on July 12, more than three months after first receiving the forms.

The Importance of Proper Documentation — Including Medical Certification — in the FMLA Leave Process

August 16, 2024 | Parks, Chesin & Walbert

Whether you are a worker who needs to take time off from work or an employer, it is well worth your while to become familiar with the Family and Medical Leave Act (FMLA) and its rights and obligations. The FMLA offers essential rights to certain employees, but those rights are lost if the worker does not follow the proper procedures. Employers who fail to respond appropriately after a worker puts them on notice that an absence may be covered by the FMLA can face serious consequences. Whichever side you are on, it pays to contact a knowledgeable Atlanta FMLA leave lawyer and get the complete and accurate information you need.

As noted above, thorough documentation is key – whether that is proof of your compliance with the rules or the other side’s failure to do so. The recent FMLA interference case of an employee fired three days after returning from leave highlights this truth.

The employee, G.M., was one of two engineering assistants at a petroleum company. In August 2018, the assistant emailed her boss, stating that “some personal issues have come about at home that require my immediate attention so I will not be in today and I will need to take some time off for the next several weeks as well.” The assistant estimated that she would be out roughly 3-4 weeks.