Compliance Memos: November 2016

DMEC Staff@Work

compliance-memos_november-20162nd 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.

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