Thursday, May 13, 2010

Employees Not Entitled to FMLA Leave if They Would Have Been Fired Anyway

The 11th U.S. Circuit Court of Appeals joins three other circuit courts (6th, 8th and 10th) in ruling that an employee is not entitled to Family and Medical Leave Act leave if he or she would have been fired anyway.

According to the ruling in Krutzig v. Pulte Home Corp., No. 09-12512, 2010 WL 1267238 (11th Cir. April 5, 2010), “The right to commence FMLA leave is not absolute, and… an employee can be dismissed, preventing her from exercising her right to commence FMLA leave, without thereby violating the FMLA, if the employee would have been dismissed regardless of any request for FMLA leave.”

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