A recent Tenth Circuit Court of Appeals case analyzes claims brought under the FMLA and ADA. The case, Smothers v. Solvay Chemicals, Inc., issued on Tuesday, January 21, 2014, involved the claims Steven Smothers made against his employer Solvay Chemical, Inc. (“Solvay”). This case, like many employment discrimination cases, turned on the issue of pretext..
The FMLA provides an eligible employee with up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a son or daughter with a serious health condition. If the child is age 17 or younger, the employee requesting leave need only show that the child has a serious health condition and.
FMLA The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period and it requires that their group health benefits be maintained during the leave. Eligible employees are entitled to 12 workweeks of leave in a 12-month period for: the birth of a.
Federal Workers Compensation and OPM Disability Do you have an illness or injury that prevents you from performing the essential duties of your position? Are you an injured federal worker? Often times injured federal workers receiving federal workers’ compensation benefits may also be entitled to OPM Disability Retirement. Particularly if the claimant is entitled to.
DISTINCTION BETWEEN FMLA INTERFERENCE & FMLA RETALIATION CLAIMS FMLA claims for interference and retaliation differ in that the elements of proof for each claim is different. The two theories of recovery under FMLA are codified at 29 U.S.C. § 2615(a)(1) – an interference or entitlement claim; and at 29 U.S.C. § 2615(a)(2) – retaliation (or discrimination) theory..
In theory federal employees are entitled to leave under the FMLA. Federal employees enjoy the same substantive rights under FMLA as non-federal employees. However, federal workers’ cannot sue the employing agency for violating FMLA. In effect, this means a federal employee can be terminated while on approved FMLA leave but have no legal recourse. Federal.
Denver Employment Lawyer The Law Office of Gregory A. Hall focuses on representing plaintiffs in any employment law matter. Mr. Hall represents plaintiffs who have claims against their employers for discrimination, harassment, Americans with Disabilities Act, Equal Pay Act, the Age Discrimination in Employment Act, overtime (FLSA), non-payment of wages, breach of contract, and wrongful discharge.