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Constangy's Field Guide to the Family Medical Leave Act

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Michael D. Malfitano


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Constangy's Field Guide to the Family Medical Leave Act provides Florida attorneys with clarity as to the developments under the FMLA regulations and gives an in-depth explanation of all aspects of the Act, including:

  • Valid reasons for leave, including various types of qualifying treatment and qualifying family members

  • Numerous protections available to employees who request leave

  • Employee notice requirements for forseeable and unforseeable leave events

  • Special rules applicable to servicemembers, school employees, and airline flight crew employees

  • Limitations on an employee's right to reinstatement


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  • Availability: Available
  • Brand: Daily Business Review (FL)
  • Product Type: Books
  • Edition: 1
  • Page Count: 450
  • ISBN: 978-1-57625-586-5
  • Pub#/SKU#: FFML
  • Pub Date: 05/31/2013
  • Volume(s): 1

        

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  • Michael D. Malfitano

Mike Malfitano is a senior Florida labor attorney who assists employers in problem prevention and legal analysis of complex employment issues. He has represented employers in cases involving every aspect of the employment relationship. He also represents employers in collective bargaining, arbitration, and union avoidance. He counsels employers with respect to Title VII, ADA and FMLA compliance, Wage Hour compliance, employee benefits issues, affirmative action, and in structuring payroll and compensation programs.  Mike is a Managing Partner in Constangy, Brooks & Smith, LLP, a national labor and employment law firm, and is the Office Head of its Tampa Office.  He received his B.S. from the School of Industrial and Labor Relations at Cornell University, and his law degree from Boston College Law School.  Mike is a frequent lecturer at seminars for both employers and for other lawyers, and he has authored a number of labor law articles and a chapter of a book published by The Florida Bar on Labor Arbitration.  He is actively involved in community affairs, and is a member of the Board of Trustees of the Drug Abuse Comprehensive Coordinating Office (DACCO), and The University of Tampa Board of Fellows.  He is listed in The Best Lawyers in America (Woodward/White, Inc.) and Florida Super Lawyers.  He is recognized by Chambers USA as possessing valuable experience in the area and to be "very responsive and very good value."

 


Also by Michael D. Malfitano:
Constangy's Field Guide to the Fair Labor Standards Act
Constangy’s Field Guide to the Americans with Disabilities Act

Chapter 1

Coverage

1-1       29 CFR § 825.100 THE FAMILY AND MEDICAL LEAVE ACT

1-1:1    General Parameters

1-2       29 CFR § 825.101 PURPOSE OF THE ACT

1-2:1    Employers and Employees Benefit

1-2:2    DOL Interpretations of FMLA

1-3       29 CFR § 825.102      DEFINITIONS

1-4       29 CFR § 825.104      COVERED EMPLOYER

1-4:1    Establishing an Integrated Employer

1-4:2    Practice Points: Asserting Integrated Employer Doctrine

1-4:3    FMLA Applicability to Religious Institutions

1-4:4    Corporation with Multiple Divisions

1-4:5    Liability of Individual Managers

1-4:5.1 Introduction

1-4:5.2 Managers at Public Employers

1-4:5.3 Managers at Private Employers

1-4:6    Liability of Shareholder, Member or Officer

1-4:7    Practice Pointer: Rule 12(b)(6) Motions

1-4:8    Supervisory Status Not Conclusive Evidence of Employer Status

1-4:9    Improper Defendants

1-5       29 CFR § 825.105      COUNTING EMPLOYEES FOR DETERMINING COVERAGE

1-5:1    Extra-Territorial Application of FMLA

1-5:2    Number of Employees During Calendar Weeks

1-5:3    Individual or Independent Contractor

1-5:4    Counting Day Laborers and Temporary Employees

1-6       29 CFR § 825.106      JOINT EMPLOYER COVERAGE

1-6:1    Professional Employer Organization

1-6:2    Effect of Joint Employment Status

1-6:3    Joint Control Over Employee

1-6:4    Public Agencies as Joint Employers

1-6:5    Primary and Secondary Employers

1-6:6    Liability of Entities Advising Employers on FMLA

1-6:7    Practice Points: Have Employees Acknowledge Temporary Service as Employer

1-6:8    DOL Interpretation of Joint Employer Relationship

 

1-7       29 CFR § 825.107      SUCCESSOR IN INTEREST COVERAGE

1-7:1    Successor Honors Employee FMLA Rights at Time of Acquisition

1-7:2    Time Worked for Predecessor

1-7:3    Weight Afforded DOL Legal Determinations

1-7:4    Practice Points: Partial Summary Judgment Motions/Rule 12(b)(6) Motions

1-8       29 CFR § 825.108      PUBLIC AGENCY COVERAGE

1-8:1    11th Amendment Immunity

1-8:2    Public Agency Status

1-8:3    Supreme Court Ruling on State Sovereign Immunity

1-9       29 CFR § 825.109      FEDERAL AGENCY COVERAGE

1-10     29 CFR § 825.110      ELIGIBLE EMPLOYEE

1-10:1  Establishing Requisite Hours Worked

1-10:2  Pre-Eligibility Request

1-10:3  Practice Points: Numerosity Requirement

1-10:4  Determining Eligibility of Returning Former Employees

1-10:5  Dates for Measuring Eligibility Requirements

1-10:6  Effect of Vacation Time on Eligibility

1-10:7  Practice Points: Pleading Sufficient Predicate Facts

1-10:8  Hours of Service Requirement

1-10:9             Estoppel Issues

1-10:10 Interplay Between FMLA and Other Statutes

1-11     29 CFR § 825.111      DETERMINING WHETHER 50 EMPLOYEES ARE EMPLOYED WITHIN 75 MILES

1-11:1  Worksite Requirement

1-11:2  Worksite of Traveling Employees

1-11:3  Personal Residence as Worksite

1-11:4  Worksite for Employees of Joint Employer

1-11:5  Construing Worksite Requirement Narrowly

1-12     29 CFR § 825.112      QUALIFYING REASONS FOR LEAVE, GENERAL RULE

1-13     29 CFR § 825.113      SERIOUS HEALTH CONDITION

1-13:1  Employee Must Prove Serious Health Condition Exists

1-13:2  Common Knowledge Inference

1-13:3  What Constitutes Continuing Treatment and Incapacity

1-13:4 Name of Ailment Not Dispositive

1-13:5  Practice Points: Mental Illness

1-14     29 CFR § 825.114      INPATIENT CARE

1-14:1  Generally

1-15     29 CFR § 825.115      CONTINUING TREATMENT

1-15:1  Continuing Treatment for Non-FMLA Condition

1-15:2  Chronic Conditions.

1-15:3  Pointers for Employers

1-15:4  Regime of Continuing Treatment

1-15:5  Special Issues Concerning Serious Health Conditions

1-15:5.1           Chronic Condition Not Notice for Purposes of All Future Leaves

1-15:5.2           Multiple Conditions Not Necessarily Aggregable

1-15:5.3           Incapacity Due to Pregnancy

1-15:5.4           Restorative Surgery

1-15:5.5           Full or Fractional Calendar Day of Incapacity

1-15:6  Practice Checklist: Managing Leave

1-15:6.1           Medical Certification and Recertification

1-15: 6.2          Minimizing Impact of Intermittent Leave

1-16     29 CFR § 825.119 LEAVE FOR TREATMENT OF SUBSTANCE ABUSE

1-16:1  Employer Substance Abuse Policy

1-16:2  Protected Absences for Substance Abuse

1-16:3  No Immunity from Discipline

1-16:4  Practice Points: Offering FMLA Leave

1-17     29 CFR § 825.120      LEAVE FOR PREGNANCY OR BIRTH

1-17:1 Introduction

1-17:2  Intermittent or Reduced-Schedule Leave

1-17:3             Only Husbands Entitled to Leave

1-17:4  Pregnancy as Serious Health Condition

1-17:5  FMLA and Other Regulations

1-18     29 CFR § 825.121 LEAVE FOR ADOPTION OR FOSTER CARE

1-18:1  Generally

1-19     29 CFR § 825.122      DEFINITIONS OF COVERED SERVICEMEMBER, SPOUSE, PARENT, SON OR DAUGHTER, NEXT OF KIN OF A COVERED SERVICEMEMBER, ADOPTION, FOSTER CARE, SON OR DAUGHTER ON COVERED ACTIVE DUTY OR CALL TO COVERED ACTIVE DUTY STATUS, SON OR DAUGHTER OF A COVERED SERVICEMEMBER, AND PARENT OF A COVERED SERVICEMEMBER

1-19:1 Adult Child’s Condition Determines Eligibility

1-19:2  In Loco Parentis

1-19:3 Commonly Arising Legal Issues

1-20     29 CFR § 825.123      UNABLE TO PERFORM THE FUNCTIONS OF THE POSITION

1-20:1  Medical Certification

1-20:2  Modified or Light-Duty Work

1-20:3  Indefinite Intermittent Leave

1-20:4  Definition of Treatment

1-20:5 Role of Job Descriptions

1-20:6 Practice Points: Determine Essential Job Functions

1-21     29 CFR § 825.124      NEEDED TO CARE FOR A FAMILY MEMBER OR COVERED SERVICEMEMBER

1-21:1  Meaning of “To Care For”

1-21:2  Proximity Required

1-21:3  Definition of “Care”

1-21:4  Practice Points

1-21:4.1          Absence Directly Related to Care

1-21:4.2           Testimony of Family Member Receiving Care

1-21:4.3           Medical Need and Proper Notification

1-22     29 CFR § 825.125      DEFINITION OF HEALTHCARE PROVIDER

1-22:1  Physician Assistants

1-22:2  Priests

1-22:3  Chiropractors

1-23     29 CFR § 825.126      LEAVE BECAUSE OF QUALIFYING EXIGENCY

1-23:1  Purpose and Recent Revisions

1-23:2  Definition of Contingency Operation

1-23:3  Issues and Recommendations for Employers

 

1-24     29 CFR § 825.127      LEAVE TO CARE FOR A COVERED SERVICEMEMBER WITH A SERIOUS INJURY OR ILLNESS

1-24:1  Scope of Coverage, Recent Revision

1-24:2  Employee’s Certification Obligation

1-24:3  Issues for Employers

1-24:4  Intermittent Leave     

1-24:5 Military Caregiver Leave Compared to Regular FMLA Leave

Chapter 2

Employee Leave Entitlements

2-1       29 CFR § 825.200 AMOUNT OF LEAVE

2-1:1    Determining 12-Month Period

2-1:2    Holidays During FMLA Workweek

2-1:3    Checklist: Avoid Interference with FMLA Rights

2-2       29 CFR § 825.201      LEAVE TO CARE FOR A PARENT

2-3       29 CFR §825.202 INTERMITTENT LEAVE OR REDUCED LEAVE SCHEDULE

2-3:1    Eligibility for Intermittent Leave

2-3:2    Intermittent Leave While at Work

2-3:3    Intermittent Leave and ADA

2-3:4    Recourse for Abuse

2-3:5    Intermittent Leave from Overtime

2-3:6    Intermittent Leave for Ongoing Treatment of Medical Conditions

2-3:7    Leave Must be “Medically Necessary”

2-3:8    Reasonable Effort Not To Disrupt Operations

2-3:9    Employer Not Required to Modify Job Duties

2-4       29 CFR § 825.203      SCHEDULING OF INTERMITTENT OR REDUCED-SCHEDULE LEAVE

2-4:1    Certification Determines Entitlement to Intermittent Leave

2-4:2    Abuse of Intermittent Leave 

2-5     29 CFR § 825.204        TRANSFER OF AN EMPLOYEE TO AN ALTERNATIVE POSITION DURING INTERMITTENT LEAVE OR REDUCED-SCHEDULE LEAVE

2-5:1    Temporary Transfers to Accommodate Leave

2-6       29 CFR § 825.205      INCREMENTS OF FMLA LEAVE FOR INTERMITTENT OR REDUCED SCHEDULE LEAVE

2-6:1    Taking Intermittent Leave in Increments

2-6:2    Intermittent Leave Conflicting with Job Functions

2-6:3    Leave and Overtime

2-6:4    Employer Cannot Require More Leave than Necessary

2-7       29 CFR § 825.206      INTERACTION WITH THE FLSA

2-8       29 CFR § 825.207 SUBSTITUTION OF PAID LEAVE

2-8:1    Substituting Paid Leave

2-9       29 CFR § 825.209      MAINTENANCE OF EMPLOYEE BENEFITS

2-10     29 CFR § 825.210      EMPLOYEE PAYMENT OF GROUP HEALTH BENEFIT PREMIUMS

2-10:1  Employer Obligation to Maintain Benefits

2-11     29 CFR § 825.211      MAINTENANCE OF BENEFITS UNDER MULTI-EMPLOYER HEALTH PLANS

2-12     29 CFR § 825.212      EMPLOYEE FAILURE TO PAY HEALTH PLANS PREMIUM PAYMENTS

2-12:1  Employer’s Obligations

2-12:2  Practice Points: Employer Should Pay Employee’s Share of Premiums

2-13     29 CFR § 825.213      EMPLOYER RECOVERY OF BENEFIT COSTS

2-13:1  Employee Does Not Return to Work

2-13:2  Practice Points: Recovering Employee Benefit Premiums

2-14     29 CFR § 825.214      EMPLOYEE RIGHT TO REINSTATEMENT

2-14:1  Employee Claims for FMLA Violation

2-14:2  Burden of Proof Regarding Right to Reinstatement

2-14:3  Reinstatement Right not Absolute

2-14:4  Practice Points: Notice to Replacement Employee

2-15     29 CFR § 825.215      EQUIVALENT POSITION

2-15:1  Location of Return to Work

2-15:2  Bonuses

2-15:3  Attendance Policies

2-15:4  Equivalent Shifts

2-15:5  Equivalent Sales Account Assignments

2-15:6  De Minimis Test

2-15:7  Basing Claim on Equivalence Violation

2-15:8  Claims for Interference v. Claims for Retaliation

2-15:9 Reinstatement to Light Duty

2-15:10            Equivalent Pay

2-15:11            Delayed Return to Work

2-15:12            Practice Points: Avoid Disparate Treatment

2-16     29 CFR § 825.216      LIMITATIONS ON AN EMPLOYEE’S RIGHT TO REINSTATEMENT

2-16:1 Reinstatement Right Not Unlimited

2-16:2  Document Performance Issues

2-16:3  Practice Points:           Consider Timing and Basis of Adverse Employment Action

2-16:4  Inability to Perform Essential Job Functions

2-16:5  Employee’s Job Eliminated While on Leave

2-16:6 Practice Pointer: Avoid Jumping to Conclusions

2-16:7 Employee Excused from Timely Return to Work After Leave

2-17     29 CFR § 825.217      KEY EMPLOYEE, GENERAL RULE

2-18     29 CFR § 825.218      SUBSTANTIAL AND GRIEVOUS ECONOMIC INJURY

2-19     29 CFR § 825.219      RIGHTS OF A KEY EMPLOYEE

2-19:1  Standard for Denying Reinstatement

2-19:2  Designation as Key Employee Doesn’t Warrant Special Treatment

2-20     29 CFR § 825.220      PROTECTION FOR EMPLOYEES WHO REQUEST LEAVE OR OTHERWISE ASSERT FMLA RIGHTS

2-20:1  Light Duty Protection

2-20:2  Release of FMLA Claims

2-20:3  Distinction Between Interference and Retaliation Claims

2-20:4  Monetary Loss Requirement  

2-20:5  Discouragement Claim

2-20:6  Requiring Work Function While on Leave

2-20:7  Requiring Certification as Interference

2-20:8  Ensuring Leave is for Intended Purpose

2-20:9  Involuntary FMLA Leave

2-20:10            Practice Points: Raise Affirmative Defenses to Interference Claim

2-20:10.1         Legitimate, Unrelated Reason for Employment Action

2-20:10.2         Honest Belief Defense

2-20:10.2a       Asserting the Defense for Employer

2-20:10.2b       Employee Arguments Defeating Honest Belief

2-20:10.2c       Applicability to Interference and Retaliation Claims

2-20:11 Pleading FMLA Claims

2-20:12 Coverage of Former Employees

2-20:13 Employee Need Not Use FMLA Leave

2-20:14 Remember Duality of Claims in Pleading and Defending Claims

2-20:15            Remember Employer Burden in Mixed Motive Cases

2-20:16           What Constitutes Adverse Employment Action

2-20:17            Consider 12(b)(6) Motion

2-20:18            No Derivative Retaliation Claims

2-20:19            Discipline for Mere Absence Not FMLA Violation

2-20:20            Scope of Protected Activity

2-20:21            Timing of Leave and Adverse Action

2-20:22            Negative Treatment After Return from Leave

2-20:23            Summary Judgment Motions

2-20:24            Tips for Employers/Employees

Chapter 3

Employee and Employer Rights and Obligations Under the Act

3-1       29 CFR § 825.300      EMPLOYER NOTICE REQUIREMENTS

3-1:1    Required Notices

3-1:1.1 Introduction

3-1:1.2 General Notice

3-1:1.3 Eligibility Notice

3-1:1.4 Rights and Responsibilities Notice

3-1:1.5 Designation Notice

3-1:2    Question of Law or Fact

3-2       29 CFR § 825.301      DESIGNATION OF FMLA LEAVE

3-2:1    Involuntary Leave

3-3       29 CFR § 825.302      EMPLOYEE NOTICE REQUIREMENTS FOR FORESEEABLE FMLA LEAVE

3-3:1    Employee Notice Required

3-3:2    FMLA-Qualifying Condition Needed

3-3:3    Employee Duty to Answer Questions

3-4       29 CFR § 825.303      EMPLOYEE NOTICE REQUIREMENTS FOR UNFORESEEABLE FMLA LEAVE

3-4:1    Level of Specificity Required

3-4:2    Employee Cooperation Required

3-4:3    Employer’s Duty to Determine Eligibility

3-4:4    Conduct Versus Verbal Notice

3-4:5    Motion for Summary Judgment or Dismissal Based on Notice

3-4:6    Sufficiency of Certifications

3-4:7    Practice Points: Notice and Viability of Interference/Retaliation Claims

3-5       29 CFR § 825.304      EMPLOYEE FAILURE TO PROVIDE NOTICE

3-5:1 Power to Penalize for Insufficient Employee Notice

3-6       29 CFR § 825.305      CERTIFICATION, GENERAL RULE

3-6:1    Certification Requirements

3-6:2    Deadlines for Certification

3-6:3    Warnings Given Employees Regarding Certification Requirements

3-6:4    Notice Provided After Adverse Employment Action

3-6:5    Employee Must Be Given Time to Correct Deficiency

3-6:6    Practice Points: Using the Certification Process to Avoid Liability

3-6:6.1 Introduction

3-6:6.2 Provide Job Description to Health Care Provider.

3-6:6.3 Avoid GINA issues

3-6:6.4 List Employee Certification Dates Big Bold Language

3-6:6.5 Be Specific

3-6:6.6 Read It and Seek Clarification if Needed

3-7       29 CFR § 825.306      CONTENT OF MEDICAL CERTIFICATION FOR LEAVE TAKEN BECAUSE OF EMPLOYEE’S OWN SERIOUS HEATLH CONDITION OR THE SERIOUS HEALTH CONDITION OF A FAMILY MEMBER

3-7:1    Disclosure of Medical Diagnosis

3-7:2    Inability to Perform Job Functions

3-7:3    Medical Necessity of Leave

3-7:4    Requesting More Information from Employee

3-8       29 CFR § 825.307      AUTHENTICATION AND CLARIFICATION OF MEDICAL CERTIFICATION FOR LEAVE TAKEN BECAUSE OF AN EMPLOYEE’S OWN SERIOUS HEALTH CONDITION OR THE SERIOUS HEALTH CONDITION OF A FAMILY MEMBER; SECOND AND THIRD OPINIONS

3-8:1    Determining Authenticity of Certification

3-9       29 CFR § 825.308      RECERTIFICATIONS FOR LEAVE TAKEN BECAUSE OF AN EMPLOYEE’S OWN SERIOUS HEALTH CONDITION OR THE SERIOUS HEALTH CONDITION OF A FAMILY MEMBER

3-9:1    Recertifications Generally

3-9:2    Recertification for Intermittent Leave

3-9:3    Failure to Recertify

3-10     29 CFR § 825.309      CERTIFICATION FOR LEAVE TAKEN BECAUSE OF A QUALIFYING EXIGENCY

3-10:1  Copy of Military Orders Required Once

3-10:2  Certification For Each Activity Under Same Exigency

3-10:3  Employer May Contact Third Party

3-11     29 CFR § 825.310      CERTIFICATION FOR LEAVE TAKEN TO CARE FOR A COVERED SERVICEMEMBER (MILITARY CAREGIVER LEAVE)

3-11:1 Form WH-385 Certification

3-11:2  Entities Who Can Certify Need for Leave

3-12     29 CFR § 825.311      INTENT TO RETURN TO WORK

3-12:1  Expressing Intent to Return to Work

3-12:2  Requiring Employee Take Leave

3-13     29 CFR § 825.312      FITNESS-FOR-DUTY CERTIFICATION

3-13:1  More than Simple Statement of Fitness-for-Duty Required

3-13:2  Employer Obligations

3-13:3  Intermittent Leave

3-13:4  Employer May Question Fitness

3-13:5  Intermittent Leave and Reasonable Safety Concerns

3-13:6  Interaction Between ADA and FMLA

3-13:7  Interpreting Physician Language Prohibited

3-13:8  Employers Must Notify Employees of Need for Fitness Certification

3-14     29 CFR § 825.313      FAILURE TO PROVIDE CERTIFICATION

3-14:1  No FMLA Protection for Failure to Provide Certification

Chapter 4

Enforcement Mechanisms

4-1       29 CFR § 825.400      ENFORCEMENT, GENERAL RULES

4-1:1    Administrative Remedy

4-1:2    Damages

4-2       29 CFR § 825.401      FILING A COMPLAINT WITH THE FEDERAL GOVERNMENT

4-2:1    DOL Complaint Not Prerequisite to Private Suit

 

4-3       29 CFR § 825.402      VIOLATIONS OF THE POSTING REQUIREMENT

4-3:1    No Claim for Failure to Post Notices

4-4       29 CFR § 825.403      APPEALING THE ASSESSMENT OF A PENALTY FOR WILLFUL VIOLATION OF THE POSTING REQUIREMENT

 

4-5       29 CFR § 825.404      CONSEQUENCES FOR AN EMPLOYER WHEN NOT PAYING THE PENALTY ASSESSMENT AFTER A FINAL ORDER IS ISSUED

Chapter 5

Recordkeeping Requirements

5-1       29 CFR § 825.500      RECORDKEEPING REQUIREMENTS

5-1:1    Viability of Private Claim for Violation of Recordkeeping

5-1:1.1 Decisions Finding No Claim

5-1:2    Decisions Implying Claim May Exist

Chapter 6

Special Rules Applicable to Employees of Schools

6-1       29 CFR § 825.600      SPECIAL RULES FOR SCHOOL EMPLOYEES, DEFINITIONS

6-2       29 CFR § 825.601      SPECIAL RULES FOR SCHOOL EMPLOYEES, LIMITATIONS ON INTERMITTENT LEAVE

6-3       29 CFR §825.602       SPECIAL RULES FOR SCHOOL EMPLOYEES, LIMITATIONS ON LEAVE NEAR THE END OF AN ACADEMIC TERM

6-4       29 CFR § 825.603      SPECIAL RULES FOR SCHOOL EMPLOYEES, DURATION OF FMLA

6-5       29 CFR § 825.604      SPECIAL RULES FOR SCHOOL EMPLOYEES, RESTORATION TO AN EQUIVALENT POSITION

Chapter 7

Effect of Other Laws, Employer Practices, and Collective Bargaining Agreements on Employee Rights Under FMLA

 

7-1       29 CFR § 825.700      INTERACTION WITH EMPLOYER’S POLICIES

7-2       29 CFR § 825.701      INTERACTION WITH STATE LAWS

7-3       29 CFR § 825.702      INTERACTION WITH FEDERAL AND STATE ANTI-DISCRIMINATION LAWS

7-3:1    FMLA and ADA Interaction

7-3:1.1 Addressing Intermittent Leave

7-3:1.2 FMLA Leave Does Not Indicate Disability

7-3:1.3 FMLA Compliance as Defense to Discrimination Claim

7-3:2    FMLA and GINA

7-3:3    FMLA Leave Request as Protected Activity Under ADA

7-3:4 Medical Inquiries for ADA Don’t Violate FMLA

7-3:5    State Common Law Claims Arising from FMLA Claim

Chapter 8

Special Rules Applicable to Airline Flight Crew Employees

8-1       29 CFR § 825.800      SPECIAL RULES FOR AIRLINE FLIGHT CREW EMPLOYEES, GENERAL

8-2       29 CFR § 825.801      SPECIAL RULES FOR AIRLINE FLIGHT CREW EMPLOYEES, HOURS OF SERVICE REQUIREMENT

 

8-3       29 CFR § 825.802      SPECIAL RULES FOR AIRLINE FLIGHT CREW EMPLOYEES, CALCULATION OF LEAVE

8-4       29 CFR § 825.803      SPECIAL RULES FOR AIRLINE FLIGHT CREW EMPLOYEES, RECORDKEEPING REQUIREMENTS

Chapter 9

Damages

9-1       DAMAGES: 29 U.S.C. 2617

9-1:1    Liquidated Damages

9-1:2    The Exacerbation Theory       

9-1:3    Back pay

9-1:4    Front Pay

9-1:5    Reinstatement of Attorney

9-1:6    Causation as to Damages

9-1:7    Emotional Distress/Physical Injury Damages

9-1:8    Prejudgment Interest

9-1:9    Attorneys’ Fees

9-1:10  Statute of Limitations