A city attorney could not go forward with his claim that the city of Tehlequah, Okla., interfered with his rights under the Family and Medical Leave Act (FMLA) by failing to reinstate him when his FMLA leave expired, the 10th U.S. Circuit Court of Appeals ruled.
Even though the city never explained the attorney’s FMLA rights to him, he was clearly incapable of returning to work when his leave expired because on that date he was in a nursing home and under an order of legal guardianship, the court said. Even if there has been a violation of the FMLA, the law provides no relief unless the employee has been prejudiced by the violation, the court noted.
