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FMLA Burdens of Proof: What You Need to Know
An important and developing issue under the Family and Medical Leave Act (FMLA or Act) is the appropriate burden of proof to be applied in assessing a plaintiff's claim. Soon after the FLMA became law in 1993, courts automatically applied the McDonnell-Douglas burden-shifting analysis in all FMLA cases, as they do when considering many other employment-related claims. After nearly 10 years, however, courts are now focusing more directly on burden shifting issues'and revising, if not clarifying, the law.
For instance, the federal District Court for New Jersey recently applied two different burdens of proof to a plaintiff's two FMLA claims'one alleging denial of reinstatement, and the other alleging retaliation. Parker v. Hahnemann Univ. Hosp., F. Supp. 2d, 2002 WL 31830647 (D.N.J. 2002) (Denying cross motions for summary judgment). On the deprivation-of-rights claim, the court held that once the plaintiff could establish she was denied a right afforded by the FMLA, the burden of proof shifted to the employer to demonstrate that she would have been denied the right even if she had not taken FMLA leave. On her retaliation claim, however, the court followed the McDonnell-Douglas formula and did not shift the burden of proof to the employer. Both plaintiff's attorneys and defense counsel must recognize such distinctions to prosecute or defend FMLA claims successfully.
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