Family and Medical Leave Act (FMLA) - Cases (5th Cir. 2006)


Modica v. Taylor, (5th Cir. 2006) (FMLA, liability of individuals, public officials, qualified immunity)

Lubke v.City of Arlington, 455 F.3d 489 (5th Cir. 2006) (FMLA)

Smith v. East Baton Rouge Parish School Board, No. 04-31199 (5th Cir. June 22, 2006)(FMLA differences
between positions before and after leave)

Mauder v. Metro, (5th Cir., April 14, 2006)(FMLA, ADA)
Retaliation, pretext, legitimate non-retaliatory reason, job performance issues,
Probation, progressive discipline, improvement plan, temporal proximity between protected activity and adverse
employment action, medical condition, diarrhea, disability, as-needed restroom, breaks denied, fired for tardiness
in returning from scheduled restroom breaks

Richardson v. Monitronics Int'l, Inc., ___F.3d ___ (5th Cir. 2005)(FMLA retaliation)

Roberson v. Game Stop, Inc. (5th Cir. 2005)(FMLA return to same or equivalent position after leave)

Hardin v. Caterpillar, Inc., 227 F.3d 268 (5th Cir. 2000) (ADA, FMLA, PDA,Title VII, sex, gender, pregnancy
discrimination, damages)
















Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq.



The FLMA does not apply to employees who have been employed less than twelve months or who have
worked less than 1,250 hours during the previous twelve months.  See 29 U.S.C. § 2611(2)(A).