HR Directors May Have Personal Liability for Improper FMLA Determinations

A recent Federal appellate court decision in Graziadio v. Culinary Inst. of Am., 817 F.3d 415 (2d Cir. 2016), opens the door to findings of personal liability against HR directors for determinations made under the Family and Medical Leave Act (“FMLA”).  In this case, the plaintiff took a leave of absence under the FMLA to care for her sons.  Following a dispute concerning plaintiff’s FMLA paperwork supporting her leave, she was fired her for allegedly abandoning her job.  Although the lower court dismissed the plaintiff’s FMLA retaliation claims, the Second Circuit reversed the decision and reinstated most of the plaintiff’s claims, finding, among other things, that questions of fact existed as to whether the HR Director may be held individually liable.

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If you have any questions about this decision or application to your business, please contact the GW attorney with whom you normally consult.

Categories: Employment Law