Family and Medical Leave Litigation Down Sharply
(05 Jan 2018) The latest available data from the federal courts show that during November 2017 the government reported 88 new court cases seeking relief under the Family and Medical Leave Act. According to the case-by-case court records analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this number is down 12.9 percent over the previous month when the number of civil filings of this type totaled 101.

The Family and Medical Leave Act generally provides eligible employees up to 12 weeks of unpaid leave to treat a serious medical condition, to care for a newborn child, or to allow the employee to care for a spouse, child, or parent who has a serious health condition. During this period the employee's job is protected and any group health insurance coverage the employee had is continued.

November 2017 marks the third month in a row where filings have been falling. Case filings are down 38.5 percent over the last three months. While there is natural month to month variation in filings, litigation levels had generally been slowly rising. In fact, the number of filings for over a year had not fallen below a level of at least 100 new cases each month.

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