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Eleventh Circuit Upholds Jury Verdict For Plaintiff Under Family and Medical Leave Act

The FMLA protects an eligible employee from employer "interference" with her rights and also prohibits any retaliation for exercising or attempting to exercise them.  The Eleventh Circuit re-emphasized the difference in proof in a case brought by an employee of the Broward Sheriff's Office who was fired for alleged "performance deficiencies" a few days after she requested FMLA leave:

“To prove FMLA interference, an employee must demonstrate that he was denied a benefit to which he was entitled under the FMLA.” Martin v. Brevard Cnty. Pub. Sch., 543 F.3d 1261, 1266-67 (11th Cir. 2008). “[T]he employer’s motives are irrelevant.” Id. at 1267 (quoting Strickland v. Water Works & Sewer Bd. of Birmingham, 239 F.3d 1199, 1208 (11th Cir. 2001)).

In such a case, the employer is entitled to prove, as an affirmative defense, that the personnel action was based upon other reasons wholly unrelated to the FMLA. Here, the jury expressly rejected the employer's proffered reasons for terminating the plaintiff and awarded her damages on her claim of unlawful interference with her right to request FMLA leave.  The slip opinion in  Spakes v. Broward County Sheriff's Office is available at United States Court of Appeals, Eleventh Circuit.

For expert assistance with FMLA matters, go to mccoyesquire.com

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