Rising Tide Of FMLA Claims Unlikely To Recede, Attys Say

Family and Medical Leave Act (“FMLA”) lawsuits tripled from 2012 to 2013, a surge lawyers attributed to factors including workers’ increased awareness of their rights and an improving job market. And though businesses are becoming more savvy about their obligations, lawyers say the upward trajectory of FMLA claims isn’t likely to level off in the near future.

Management-side and employee attorneys alike say FMLA claims are on the rise, and that anecdotal evidence is backed up by statistics from the Administrative Office of the U.S. Courts and PACER, the online clearinghouse for federal litigation information.

New FMLA case filings jumped from 291 in the 2012 fiscal year to 877 in fiscal 2013, according to the office. PACER searches for new FMLA filings during those time periods mirror those numbers, showing 292 results for the fiscal year ending Sept. 30, 2012, and 881 for the year ending on Sept. 30, 2013.

And it appears 2014 will be another banner year for FMLA claims, with a search for FMLA cases filed between Oct. 1, 2013, and Aug. 13, 2014, bringing back 950 results.

~Author: Ben James; Editing by Jeremy Barker and Katherine Rautenberg.

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