Saturday, March 19, 2011

Court Places Burden on Employers in Family Leave Cases

Court Places Burden on Employers in Family Leave Cases
http://www.metnews.com/articles/2011/sang031811.htm

"An employer who denies reinstatement to an employee returning from a medical leave authorized by the Family and Medical Leave Act has the burden of proving that it had valid reasons for doing so, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

The panel reinstated an action by Diane Sanders, a former utility billing clerk for the City of Newport, Ore. She took a month of FMLA leave in January and February 2006, after her doctor opined that recent health problems were due to her sensitivity to chemical exposure at work, in particular to a lower grade of billing paper that the city had just started using."

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