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HR Director Held Liable Under FMLA

The Second Circuit Court of Appeals determined an HR director may be held personally liable as an “employer” under the Family and Medical Leave Act. So reports the National Law Review.

The case, Graziadio v. Culinary Institute of America, involved Ms. Graziadio, a payroll administrator at the culinary school, and paperwork surrounding time off she said she needed related to family and personal issues.

Allegedly, a lack of communication regarding medical certifications between her and the HR director was at the heart of the case. The HR director may have been skeptical of the authenticity of Graziadio’s request. The director acted as an “employer” by determining Graziadio’s ability to work, and under what conditions, and by handling all relevant documentation, including her eventual termination letter.

Read the full article from the National Law Review.

 

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