FMLA Employee Eligibility Requirements: As Clear As Mud — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

FMLA Employee Eligibility Requirements: As Clear As Mud

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Don't be too quick to deny Family and Medical Leave Act (FMLA) leave to an employee over a technicality. Two recent cases show that determining whether an employee is FMLA-eligible and determining what constitutes an FMLA-qualifying serious health condition can be quite tricky.


Case #1: An employee was just nine days shy of his one-year anniversary with his company when he submitted a request for FMLA leave to begin three months later. He intended to help care for his prematurely born infant after his fiancée's medical leave ran out. He was fired the same day, for reasons related to his "skill set." The employee filed suit under the FMLA. The company argued that the employee could not file an FMLA claim because he was not FMLA-eligible at the time he requested leave; one of the FMLA's eligibility requirements is that an employee must have worked for the employer for at least 12 total months.


The court let...(register to read more)

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