Supervisors Can Be Individually Liable Under The FMLA

We are going to take a brief trip to New York to explore a new case that has important implications for Massachusetts employers.  Late last week, the United States Court of Appeals for the Second Circuit joined other circuit and district courts in holding that supervisors may be held individually liable for violating the FMLA.  The Second Circuit's decision on this issue makes it likely that courts in Massachusetts will adopt the same position when given the chance.

The Second Circuit case – Graziadio v. Culinary Institute of America – involved the claims of a former Payroll Administrator at the Culinary Institute of America ("CIA").  The plaintiff had taken two FMLA leaves – the first to care for a son who suffered from diabetes and the second to care for another son who broke his leg.  During the second leave, CIA objected to the FMLA paperwork the plaintiff had submitted and refused to allow her to return to work until she provided new documentation.  After