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In FMLA case, you must be present before you can leave

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in FMLA Guidelines,Human Resources,Leaders & Managers,Performance Reviews

A woman who worked for the Philadelphia Water Department lost her FMLA claim because she did not meet the basic employment qualifications.

The woman’s attendance was erratic and triggered progressive discipline. Her supervisor suspended her, showing that she had worked only 885 hours during a 12-month period. The woman requested an additional 20-day leave of absence to attend an alcohol rehabilitation program, but she did not complete a written FMLA request for the leave.

Fifteen days later, the city fired her for abandoning her job.

The federal District Court, Eastern District ruled she did not qualify for the FMLA because she did not work the required 1,250 hours in the year before her leave. She argued that the city should have notified her of her FMLA status, but employers are not required to do so.

The court found that the city had met its obligations by posting FMLA requirements properly on office bulletin boards and in city publications. 

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