No good deed goes unpunished — Retroactive FMLA leave plays key role in lawsuit

Description

Abstract: After a supervisor noticed that an employee had an unacceptably high number of absences, she asked her whether she wanted to retroactively apply any Family and Medical Leave Act (FMLA) days to absences she’d had earlier because of a back injury. The employee agreed, but was nevertheless terminated after repeated unapproved absences. The employee then brought an FMLA action for interference. This article explains why the Eighth Circuit wasn’t sympathetic. Citation: Lovland v. Employers Mutual Casualty Company, No. 11-2076, March 16, 2012 (8th Cir.)