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Warn supervisors: You may be individually liable under the FMLA

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in FMLA Guidelines,Human Resources

by Subhash Viswanathan, Esq.

The 3rd Circuit Court of Appeals recently held that supervisors may be subject to individual liability under the FMLA.

The case originated in New Jersey, where the 3rd Circuit has judicial authority. That means the decision is not binding on U.S. District Courts in New York or the 2nd Circuit Court of Appeals, which decides federal appeals in New York. However, the decision does potentially open the door for plaintiffs in FMLA cases filed in New York to name individual supervisors as defendants in their lawsuits.

The case is Haybarger v. Lawrence County Adult Probation and Parole (No. 10-3916, 3rd Circuit, 2012).

FMLA leave and a firing

In Haybarger, plaintiff Debra Haybarger was an office manager for Lawrence County (N.J.) Adult Probation and Parole. Haybarger’s supervisor was William Mancino, director of probation and parole.

Haybarger has Type 2 diabetes, heart disease and kidney problems, whi...(register to read more)

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