|III. New Legal Developments|
This section will discuss some recent trends in cases decided under the FMLA.
A. What is a Qualifying Reason for FMLA Leave?
Employers should be wary of overly narrow interpretations of the definitions of the four qualifying reasons for FMLA.
B. Employer Failure to Designate Leave or Notify Employees of Their Rights & Responsibilities
Employers who fail to designate a leave of absence as FMLA leave or who fail to notify employees of their rights under the FMLA have been held in some cases to have waived the right to refuse to reinstate employees to their positions at the end of leave. Nevertheless, some courts have reacted negatively to the notion that an employer's "technical" violation of the regulations concerning designation and notification of rights and responsibilities can serve to give an employee additional substantive rights. For example:
C. Employee Failure to Give Notice or Request Leave
D. Evolving Concepts of FMLA Violations
Some recent decisions have provided welcome clarification of what constitutes or does not constitute -an FMLA violation.
E. Courts' Rejection of Portions of the Department of Labor Regulations
In some recent cases, courts have rejected as invalid particular sections of the U.S.
F. Other Recent Cases
A federal court in Maine has ruled that it is for the jury to decide whether or not reinstatement to a position with different duties and/or on a different shift is restoration to an "equivalent" position after FMLA-covered leave.