Request for Vacation Not Protected by FMLA and Cannot Support Interference Claim
Posted on April 11, 2014
Posted in Family Medical Leave Act (FMLA)
Does an employee’s request for leave have to be protected by the FMLA to give rise to a potential interference or retaliation claim? Last month, the Eleventh Circuit answer said yes in the case of Hurley v. Kent of Naples, Inc., et al., No. 13-10298 (11th Cir. 2014). Hurley was employed as the CEO for […]
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Ninth Circuit Rules–Employee Can Decline FMLA Leave
Posted on March 28, 2014
Posted in Family Medical Leave Act (FMLA)
Employers are all aware that employees do not have to specifically ask for FMLA leave in order for it to be available. However, what if an employee specifically asks that leave not be counted as FMLA leave? In a recent decision, the Ninth Circuit ruled that an employee can affirmatively decline FMLA leave, even where […]
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