Sinacole v. IGate Capital, 287 Fed. Appx. 993 (3d Cir. 2008)

The United States Court of Appeals for the Third Circuit has held that a U.S. Department of Labor Regulation, providing that an employee, whose employer had failed to confirm her eligibility for leave under the Family and Medical Leave Act (“FMLA”), must be “deemed” eligible, is invalid and may not be used to give otherwise FMLA-ineligible employees a cause of action for interference under the FMLA.

Sarnowski v. Air Brooke Limousine, 2007 U.S. App. LEXIS 28668 (3rd. Cir., March 27, 2007).

Courts should broadly construe the FMLA notice requirement when determining whether an employee provided sufficient notice in order to invoke the benefits and protections of the Family Medical Leave Act (“FMLA”). Moreover, a plaintiff need not present expert medical testimony in order to be considered disabled within the meaning of New Jersey’s Law Against Discrimination (“LAD”). In Sarnowski, the United States Court of Appeals for the 3rd Circuit revisited both issues and reversed the trial court’s summary judgment in favor of the employer as to both claims.

Rucker v. Lee Holding Co., d/b/a Lee Auto Malls, 471 F.3d 6 (1st Cir. December 18, 2006)

An employee may count periods of prior employment towards the twelve months required for eligibility for FMLA leave. In Rucker, the United States Court of Appeals for the First Circuit considered, for the first time among the federal appellate courts, whether the twelve months of employment by the employer from whom medical leave under the Family and Medical Leave Act (FMLA) is requested must be consecutive.  The First Circuit relied on the interpretation of the FMLA provided by the United States Department of Labor (DOL), reasoning that when statutory language is ambiguous and legislative intent is unclear, it is appropriate to defer to the reasonable interpretation of the relevant agency.  Based on the DOL’s interpretation of its own FMLA-related regulations, the Court held that discontinuous periods of employment may be combined and counted toward the 12-month requirement.

Rucker v. Lee Holding Co., d/b/a Lee Auto Malls, 471 F.3d 6 (1st Cir. December 18, 2006)

An employee may count periods of prior employment towards the twelve months required for eligibility for FMLA leave. In Rucker, the United States Court of Appeals for the First Circuit considered, for the first time among the federal appellate courts, whether the twelve months of employment by the employer from whom medical leave under the Family and Medical Leave Act (FMLA) is requested must be consecutive.  The First Circuit relied on the interpretation of the FMLA provided by the United States Department of Labor (DOL), reasoning that when statutory language is ambiguous and legislative intent is unclear, it is appropriate to defer to the reasonable interpretation of the relevant agency.  Based on the DOL’s interpretation of its own FMLA-related regulations, the Court held that discontinuous periods of employment may be combined and counted toward the 12-month requirement.