Articles Tagged with medical leave

The Third Circuit Court of Appeals recently ruled that the mixed-motive proof pattern can apply to cases under the Family & Medical Leave Act (“FMLA”) even if there is no direct evidence of retaliation.  Under that proof pattern, the employer has the ultimate burden to prove it did not engage in unlawful discrimination or retaliation.

Employee with migraine headache needs FMLA leave.
Joseph Egan began working for the Delaware River Port Authority in July 2008 as a Project Manager for Special Projects.  In March 2012, the Port Authority transferred him to its Engineering Department on a special assignment for an unspecified period of time.

Mr. Egan suffers from migraine headaches, which became much more frequent after he started working in the Port Authority’s Engineering Department.  As a result, he requested an intermittent FMLA leave.  The Port Authority granted his request.

According to a recent report in the New Jersey Law Journal, New Jersey State Assemblyman Reed Gusciora is planning to propose legislation to improve paid family leave benefits.

New Jersey employees entitled to paid family leavesThe New Jersey Paid Family Leave Act, which was passed in 2009, permits eligible employees to take up to 6 weeks of paid family leave per year.  Employees who take family leave receive up to two-thirds of their compensation, with a maximum benefit of $615 per week.

Assemblyman Gusciora is seeking to add protection against retaliation for employees who take time off under the Paid Family Leave Act.  Although there are many other statutes that protect employees against retaliation under certain circumstances, currently there is no such protection in the Act.

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