In what’s being calling an important precedent, the U.S. Court of Appeals for the Second Circuit has ruled that a human resources director can potentially be individually liable for violations of the Family and Medical Leave Act.
The case involves an employee at the Culinary Institute of America, who sought FMLA leave to care for children with health issues. The company alleged that the employee’s FMLA documentation was inadequate and eventually fired her, asserting she’d abandoned her post. She filed suit against the company and a few of its higher-ups, including the HR director, alleging FMLA interference and retaliation and other claims. The trial judge granted summary judgment to the defendants.
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