Third Circuit Decision Will Make It More Difficult For Employers To Defeat FMLA Interference And Retaliation Claims

Earlier this month, the U.S. Court of Appeals for the Third Circuit issued a decision which raises the bar for employers seeking to obtain summary judgment on claims raised under the Family and Medical Leave Act ("FMLA") for interference with protected rights and retaliation for taking FMLA leave.

In Lupyan v. Corinthian Colleges, Inc., the Court concluded that: (1) an employer's failure to provide notice to an employee that her leave would be characterized as leave under the FMLA could constitute interference with FMLA rights if the employee demonstrated that she was prejudiced by that action; and (2) the refusal to reinstate an employee may constitute retaliation, even when the employee is unable to return to work until after the expiration of the FMLA's 12 maximum week leave period.