2nd Circuit Says Managers Can be Liable for FMLA Violations

John GarnerCompliance, Resources

The United States Court of Appeals, Second Circuit has ruled that individual managers can be held liable for violations of the Family and Medical Leave Act (FMLA). Under the FMLA regulations, an “employer” can include individuals acting in the interest of an employer.

The case is Graziadio v. Culinary Institute of America, et al.

Cathleen Graziadio was fired from her position at the Culinary Institute of America (CIA) shortly after she took leave to provide medical care for her sons and engaged in a protracted dispute about the validity of that leave. She sued under the FMLA, alleging that she had been wrongfully denied leave and retaliated against for taking leave. The district court granted summary judgment to the defendants on all claims. The 2nd Circuit found that Graziadio presented sufficient evidence to withstand summary judgment on her claims under the FMLA and sent the case back to the lower court for further proceedings.

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