Kelley v. McCarty, 945 F.3d 123 (9th Cir. 2023)
The case of Kelley v. McCarty serves as a significant landmark in employment law, particularly regarding the rights protected under the Family and Medical Leave Act (FMLA).
Did McCarty unlawfully retaliate against Kelley in violation of the FMLA by terminating her employment shortly after she invoked her right to FMLA leave?
Under FMLA, eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons. Employers are prohibited from retaliating against employees for exercising their FMLA rights.
The Ninth Circuit Court of Appeals held that McCarty's termination of Kelley constituted unlawful retaliation under the FMLA.
Kelley v. McCarty is instrumental in highlighting the protective scope of FMLA for employees while also clarifying the procedural obligations placed on employers. It reinforces the message that FMLA rights are not to be infringed upon through retaliatory actions, and holds employers accountable for adhering to procedural prerequisites. Law students stand to benefit from understanding the application of FMLA protections and the evidentiary standards used to establish claims of retaliation.