2008 Developments: Mandatory Leave
- A recent decision in New Mexico highlights a potential pitfall for employers in crafting leave policies. As pointed out by attorneys at Poyner & Spruill in this article, although employers have considerable latitude with these policies, they need to be careful to treat all types of conditions similarly. Here, the employer’s downfall was that it was treating pregnant women differently and less favorably than all other employees who went out on FMLA leave.” The case is Orr v. City of Albuquerque, No. 07-2105 (10th Cir. July 8, 2008)
