Second Circuit Defines Test For Individual Liability Under The FMLA

In Graziadio v. Culinary Institute of America, et al., 15-888-cv (2d. Cir. Mar. 17, 2016), the United States Court of Appeals for the Second Circuit reversed the district court's grant of summary judgment in favor of the employer and individual defendant on the question of individual liability based on a human resource professional's exercise of control over the plaintiff's Family and Medical Leave Act (FMLA) rights.

Background. When plaintiff Cathleen Graziadio attempted to return to work from FMLA leave to care for her sons, the director of Human Resources refused to allow her return until she provided new documentation supporting her leave. Over several weeks, Graziadio tried to determine how to remedy the deficiencies in her FMLA paperwork and return to work, but the director of Human Resources failed to provide a meaningful response. According to Graziadio, communications broke down as a result of the director of Human Resources and she was terminated for job