Account

Sign in to access your account and subscription

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.

18 minute read August 23, 2003 at 09:58 PM
By
Darrell R. Vandeusen
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.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation

August 13, 2026

Agentic AI introduces risks that are novel and complex, but the most effective response is a familiar one. Zero Trust answers the problem of when an AI agent misfires on its own by constraining what an agent can do rather than betting on how it will behave.

August 01, 2026