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FMLA Claim of Employee Fired While on Leave Survives Motion to Dismiss

November 16, 2021

Via: SHRM
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A worker, fired while on leave under the Family and Medical Leave Act (FMLA) after his supervisor told him to apply for an employee assistance program based on his medical conditions, can proceed with his lawsuit. He sufficiently pleaded that his right to reinstatement was still intact when he began FMLA leave, a federal appellate court ruled.

The plaintiff, who has epilepsy and glaucoma, worked for his employer for 20 years as an engineer until December 2018.

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