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Small Employer’s FMLA Policy Did Not Obligate It to Provide Leave

May 3, 2022


An employee demoted after taking pregnancy leave could not prove Family and Medical Leave Act (FMLA) violations because her employer was too small for coverage, but could proceed to trial on other claims, the U.S. District Court for the Southern District of Alabama ruled.

In January 2017, the plaintiff began employment with Wireless Time of Alabama Inc. as a store manager at its Selma, Ala., store. As store manager, the plaintiff received salary and sales commissions and store commissions in the range of $1,000 to $2,000 per month.

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