Monday, April 11, 2016
by Kathryn Morris Willis, Esq.
Human resources professionals and company managers regularly deal with Family and Medical Leave Act (FMLA) leave paperwork, medical certifications, and returning employees to work at the end of leave. After all, it's is all part of the job. However, recent case law calls into question whether, in granting or denying FMLA leave, the manager may be subjecting herself or himself to potential individual liability.
In Graziadio v. Culinary Institute of America, 216 WL 1055742, (2nd Cir. Mar. 17, 2016), the Second Circuit joined several other circuits in finding that a human resources professional could possibly be individually liable for FMLA violations under the "economic realities" test.