In Pereda v. Brookdale Senior Living Communities, Inc.,
2012 WL 43271 (11th Cir. Jan. 10, 2012), the Court of Appeals for
the Eleventh Circuit recently concluded that a pre-eligibility
request for post-eligibility maternity leave is protected activity
under the Family and Medical Leave Act (FMLA). According to the
court, because employees may be required to give advance notice of
leave before they have met the FMLA's eligibility requirements,
the FMLA regulatory scheme must protect such pre-eligible
em-ployees when they put their employers on notice of their intent
to take FMLA leave once they become eligible.
Kathryn Pereda (Pereda) began working for a senior living
facility operated by Brookdale Senior Living Communities, Inc.
(Brookdale) on Oct. 5, 2008. In June 2009 — less than 12
months after she was hired — Pereda informed Brookdale
that she was expecting a baby and would be requesting leave after
the birth of her child. Pereda's baby was due on November
