Thursday, April 10, 2014

The 5 most influential FMLA rulings in recent memory

By Jared Bilski



Court interpretations of the FMLA will ultimately dictate how employers are supposed to handle their administration of the law. To that end, here are the most influential FMLA rulings in recent memory.

1. Employees can choose when not to use FMLA

Escriba v. Poultry Farms. In this case, an employee with a longstanding history of FMLA usage specifically told her direct supervisor that she didn’t want upcoming absences to care for her father to be counted as FMLA leave. Instead she wanted them to count as vacation time. So she went on vacation and didn’t return until well after her scheduled return date. She was fired as a result. The employee then filed an FMLA retaliation claim. She said her leave clearly triggered FMLA protections.
What the court ruled:

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