Constangy partner Robin Shea, authored an article published in the March 2025 issue of HR.com’s Payroll, HRIS, Time & Attendance Excellence Magazine entitled, “Did A Healthcare Employer Mishandle FMLA Policy Changes?”
In the article, Robin discussed a recent lawsuit in which the plaintiff was an FMLA case manager for a healthcare employer who claimed to have been fired as retaliation for her objections to certain FMLA policies that the company adopted and her submission of complaints to the U.S. Department of Labor. With this case example, Robin provided an examination into these claims and their validity under FMLA, offering clarity on issues like differences between FMLA allotment and eligibility and the regulations for written notice of the change to the leave year.
“Whether the employer retaliated against Annabelle remains to be seen. One can engage in legally protected activity even if they are mistaken about the law. But as far as whether this employer or its TPA actually violated the FMLA, I think the answer is a clear ‘No,’" Robin reasoned.
To view the full article, you may click here.
The article was a republication of Robin’s earlier blog post, “FMLA brain teaser!”