Employee Leaves 

The Family and Medical Leave Act (FMLA) and its evolving and often counter-intuitive web of regulations have created many headaches for employers - and have been a boon for the plaintiffs' bar. Our attorneys have written and lectured on the FMLA and its application in both the national and local arenas, have regularly advised clients on employee leave issues and FMLA compliance, and have designed and implemented leave policies for our clients. We have also defended our clients in U.S. Department of Labor proceedings and in lawsuits alleging discrimination and retaliation under the FMLA.

Members of our firm also have extensive expertise in other federal and state laws that are implicated by employee leave issues, such as the Americans with Disabilities Act (ADA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and Workers' Compensation statutes.

We have represented employers in litigation in the federal and state courts and in arbitrations involving a variety of employee leave issues. Here are some few representative cases:

  • Flowers v. Honigman Miller Schwartz and Cohn, U.S. Court of Appeals for the Sixth Circuit: The employee claimed she was dismissed in retaliation for exercising intermittent leave rights under the FMLA. The trial court granted the employer's motion for summary judgment and the Sixth Circuit affirmed.
  • Coulter v. Deloitte Consulting L.L.C., U.S. Court of Appeals for the Sixth Circuit: The employee alleged Deloitte had discharged her in retaliation for taking FMLA leave. The trial court granted Deloitte's motion for summary judgment and the Sixth Circuit affirmed.
  • Alexander v. Ford Motor Company, U.S. District Court, Michigan: In this putative collective action in federal court, employees claimed that, under the Ford/UAW collective bargaining agreement's provision that employees did not have to use their FMLA time concurrently with paid leave, they would still receive FMLA protection. The trial court denied class certification and dismissed all individual claims but one.
  • Smith v. Kmart Corp., U.S. Court of Appeals for the Sixth Circuit: The employee claimed she was denied intermittent leave time and was terminated in retaliation for complaining. The trial court granted Kmart's motion for summary judgment and the Sixth Circuit affirmed.
  • Pellow v. DaimlerChrysler Financial Services, American Arbitration Association, Michigan: After we successfully enforced the employer's pre-dispute arbitration agreement in federal court, an arbitrator held that the employee had not given notice of his need for FMLA leave and dismissed the employee's intermittent leave claim.

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