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ARTICLE · 02 FEBRUARY 2018

The FMLA And Intermittent Leave: Proceed With Caution

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A federal judge in Shreveport, Louisiana recently allowed a former employee's Family and Medical Leave Act (FMLA) lawsuit alleging interference and retaliation to proceed to trial after he was...

United StatesEmployment and HR
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A federal judge in Shreveport, Louisiana recently allowed a former employee's Family and Medical Leave Act (FMLA) lawsuit alleging interference and retaliation to proceed to trial after he was terminated for an alleged attendance policy violation during his previously approved intermittent leave.

Leave

Although the FMLA allows you to require employees to adhere to your usual and customary procedures for requesting and taking leave, the court determined the employee in this case had done enough to notify his employer of his absence. Therefore, it ruled he was entitled to have his case heard by a jury.

Legal Issue and Court's Decision

According to the former employee's lawsuit, he was employed for 21 years when he requested intermittent FMLA leave so he could take his wife, who had suffered a stroke, to physical therapy as needed. His intermittent FMLA leave schedule was approved for September 4, 2015, through October 23, 2015. However, 4 days into his

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