Case: Wage & Hour/FMLA Retaliation (S.D.N.Y)

A New York federal district court granted summary judgment to the New York City Department of Education for allegations of FMLA retaliation and interference by a public-school paraprofessional whose FMLA leave requests to care for his ill mother were denied. The court found that despite the department having incomplete attendance records, there is sufficient evidence showing that the paraprofessional—who was terminated for attendance issues and tardiness—is ineligible for FMLA protection because it would’ve been impossible for him to have worked the requisite 1,250 hours in the 12-month periods preceding his requested leave dates.