2nd Circuit Tests Manager Liability for FMLA Violations
In Graziadio v. Culinary Institute of America, et al, an employer did not give the employee an opportunity to remedy a deficient FMLA leave application. Due to this failure, the Second Circuit Court of Appeals overturned the summary judgment for the employer. The circuit court also allowed that the human resource (HR) manager who terminated Graziadio may be personally liable for FMLA violations. The HR manager performed all determinations and activities in the case; that and other factors may meet legal standards to qualify the HR manager as an “employer” that can be penalized for FMLA violations. A jury trial will settle these questions. This case may have a significant impact on HR and the FMLA.
Full content is available to DMEC members only. Please log in to view the complete resource.
If you are not a DMEC member, we encourage you to join. DMEC members have access to white papers, case studies, @Work magazine articles, free webinars, legislative updates, and much more. These resources will assist you in building an effective and compliant integrated absence management program, saving you time, resources, and money. Learn more.
If you are being asked to log in more than once, please refresh your browser.