Tag Archives: Eligibility

Telling An Employee They Are Eligible For FMLA Leave May Mean They Are Eligible… Even If They Aren’t

The Family Medical Leave Act (FMLA) provides 12 weeks of unpaid leaves to employees who meet a set of eligibility standards.  These standards can be somewhat complex and, even though the FMLA has been around for over 20 years, employers still get make mistakes when determining eligibility.  The question then arises, what if your employer tells you that you are covered but then fires you when they later determine you are not actually eligible?  This exactly the scenario that arose in a recent federal appeals court decision.  See Tilley v. Kalamazoo County Road Commission, 777 F.3d 303 (6th Cir. 2015) (hat tip to the Employer Law Report for bringing this case to my attention).  Hit the jump for all the details… Continue reading

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Filed under Family Medical Leave Act, Rights, Uncategorized