Tag: FMLA violation

Solving an FMLA Mystery, Finally!

The Family and Medical Leave Act (FMLA) became the law in 1993. That’s more than 30 years ago. You’d think all questions about it would have been answered years ago by all federal appeals courts. But trust me, that’s not how the law works! A 2024 case from one of the largest appeals courts in […]

Case Study: Can Joy at Employee Firing Be Evidence of FMLA Violation?

Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and […]

‘Willful’ Violations under FMLA Clarified

by Alyssa Yatsko Under the Family and Medical Leave Act (FMLA), an employee has two years from the date of an FMLA violation to file a lawsuit against his employer. If the violation was “willful,” however, the employee has three years to file the lawsuit. Up until now, the Tenth U.S. Circuit Court of Appeals […]