A recent case decided by the 10th Circuit Court of Appeals signifies good news for employers who make a good faith effort to comply with the provisions of the Family & Medical Leave Act of 1993. According to the court in Bass v. Potter, D.C. No. 05-CV-2002-TCK-FHM (10th Cir. 2008), in order for an employee to prove a “willful” violation of the FMLA by his employer, he must show that the employer “knew or showed reckless disregard” for whether its conduct was prohibited by the FMLA. This holding should provide some level of comfort for those employers who make good-faith efforts to ensure their compliance with the requirements of the FMLA.
