White Paper

HR Professionals Beware - You Could Be on the Hook Personally for FMLA Violations

 
Applying the Fair Labor Standard Act's (FLSA) "economic-reality test," the United States Court of Appeals for the Second Circuit recently ruled that an HR Director can be held personally liable, as an employer, for violations of the Family and Medical Leave Act (FMLA) if they have sufficient control over an employee or their FMLA rights. Graziadio v. Culinary Inst. Of Am., No. 15-888-cv (2nd Cir. 2016).

Pertinent Facts of the Graziadio Decision
Plaintiff Cathleen Graziadio was employed as a payroll administrator at the Culinary Institute of America (CIA). In June 2012, she took two weeks off from work to care for her diabetic son and sought to have her absence designated as FMLA-protected. Graziadio asked CIA's payroll clerk (who processed FMLA documentation) to provide her with any necessary paperwork, which was forwarded to her later that day. Graziadio returned to work on June 18, 2012, and on or about June 27, 2012, she submitted a medical certification supporting her need for leave to care for her son. On the same day, Graziadio's other son fractured his leg playing basketball and underwent surgery for the injury. Graziadio notified her supervisor of her need for additional leave as well as her intent to return to work on July 9th on a reduced schedule through mid-August. Graziadio then questioned whether she needed to provide further documentation in order to process her request for FMLA leave, to which no one responded.

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Faculty

Stefanie Carton

Simandl Law Group, S.C.

Agenda

Faculty

Stefanie Carton

Simandl Law Group, S.C.

  • Attorney with Simandl & Prentice, S.C.
  • Practice focuses on federal, state and local litigation matters, labor relations and employment counseling
  • B.A. degree, summa cum laude, Saint Louis University; M.B.A. degree, Instituto Superior de Empresa Y Moda in Madrid, Spain; J.D. degree, Marquette University Law School

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