While the FMLA normally requires an eligible employee be reinstated to an equivalent position at the end of his FMLA leave, the employee has no greater right to reinstatement than if the employee had been continually employed. Thus, there are several situations where an employee is not entitled to reinstatement.
First, where an employer conducts a layoff or reduction
The U.S. Supreme Court will decide next term whether it is law enforcement’s warrantless placement of GPS devices on a suspect’s vehicle amounts to an unlawful search or seizure in violation of the Fourth Amendment. The Fifth Circuit has already authorized law enforcement’s use of this warrantless tactic. Similarly, a New Jersey court has blessed a spouse’s use of GPS
In its first FMLA opinion, the Texas Supreme Court held that agencies of the State of Texas cannot be sued for FMLA violations arising out of an employee’s FMLA leave taken for his own serious health condition. In University of Texas at El Paso v. Herrera, the Supreme Court of Texas held that, unlike the family care provisions of
The U.S. Department of Labor has "clarified" the reach of the FMLA by offering an interpretation of the meaning of "son or daughter" under the FMLA. Under the FMLA regulations, a "son or daughter" is defined as:
a biological, adopted, or foster child, a stephchild, a legal ward, or a child of a person standing in loco