Employers have no duty under the Family and Medical Leave Act to guarantee that a worker returning from an unpaid leave gets the same opportunity for overtime work that he would have had if he’d never taken the leave, a federal judge has ruled.
In his five-page opinion in DiIorio v. Neshaminy Manor, Eastern District of Pennsylvania Senior Judge John P. Fullam granted summary judgment for the defendant after finding that the plaintiff was “in a sense, seeking retroactive accrual of work-related benefits to which he is not entitled, since he was not working during his period of FMLA leave.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]