One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically because plaintiffs’ attorneys don’t have to assess it in real time and are only dealing with issues and perceptions well after the events have occurred with a historical perspective as a guide.
