The FMLA and Intermittent Leave: Proceed with Caution

February 2, 2018

Via: HR Hero

A federal judge in Shreveport, Louisiana recently allowed a former employee’s Family and Medical Leave Act (FMLA) lawsuit alleging interference and retaliation to proceed to trial after he was terminated for an alleged attendance policy violation during his previously approved intermittent leave.

Although the FMLA allows you to require employees to adhere to your usual and customary procedures for requesting and taking leave, the court determined the employee in this case had done enough to notify his employer of his absence. Therefore, it ruled he was entitled to have his case heard by a jury.

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