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ARTICLE · 12 OCTOBER 2009

The Third Circuit Provides Guidance On Thorny FMLA And ADA Issues

Littler Mendelson
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The United States Court of Appeals for the Third Circuit's recent decision in Erdman v. Nationwide Insurance Co. No. 07-3796 (Sept. 23, 2009) provides much-needed guidance to employers on several Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) issues including : (1) how to analyze FMLA hours eligibility when the employee claims off-the-clock work, (2) what is considered a protected activity for purposes of an FMLA retaliation claim, and (3) how the ADA applies t

United StatesEmployment and HR
Martha Keon
Martha Keon
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The United States Court of Appeals for the Third Circuit's recent decision in Erdman v. Nationwide Insurance Co.1 No. 07-3796 (Sept. 23, 2009) provides much-needed guidance to employers on several Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) issues including : (1) how to analyze FMLA hours eligibility when the employee claims off-the-clock work, (2) what is considered a protected activity for purposes of an FMLA retaliation claim, and (3) how the ADA applies to employees who request leave to care for a disabled family member.

Factual Background

Nancy Erdman was a long-term employee of Nationwide Insurance Company. In 1998, she began working part-time in order to care for her disabled daughter. When she worked extra hours outside of the office, her supervisor allowed her to take compensatory time off ("comp time"). During 2002-2003, Erdman alleged that the following events occurred:

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