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Elsensohn v. St. Tammany Parish Sheriff’s Office, 5th Cir., No. 07-30693, June 6, 2008

Articles Discussing Case:

FMLA Does Not Support Retaliation Claims By Employee Who Did Not Actively Participate In Spouse's Previous FMLA Lawsuit.

Ogletree Deakins • June 12, 2008
The Family and Medical Leave Act allows employees to take reasonable leave for certain reasons spelled out in that Act. The FMLA includes prescriptive provisions – which create a series of substantive rights, consisting primarily of 12 weeks of unpaid leave – along with proscriptive provisions, which bar employers from penalizing employees and other individuals from exercising rights granted under the FMLA. The 5th U.S. Circuit Court of Appeals recently addressed the issue of whether the anti-retaliation provisions of the FMLA automatically protect the co-worker/spouse of an employee from retaliation, and held that it does not.