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Vacation time or FMLA leave? Eleventh Circuit grapples with a question of qualification


SKU: ELBso144. Category: .


Abstract: An employee requesting leave under the Family and Medical Leave Act (FMLA) may appear to be a relatively straightforward event, but not every leave request is quite so clear. This article discusses a case that determined whether an employee, who provided sufficient notice of leave, was truly qualified for FMLA protection. The verdict established that notice to an employer of unqualified leave doesn’t grant a plaintiff FMLA protection; leave needn’t be granted for a chronic condition unless it’s specifically connected to a period of incapacity or to treatment. Hurley v. Kent of Naples, Inc., No. 13-10298, March 20, 2014 (11th Cir.)

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