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Sinacole v. iGate Capital a/k/a iGate Capital Corp., 2008 WL 3166000 (3d Cir., August 5, 2008)

Articles Discussing Case:

Third Circuit Rejects Controversial FMLA Regulation.

Ogletree Deakins • September 10, 2008
Joining other federal courts, the Third Circuit recently rejected a Department of Labor regulation, 29 C.F.R. §825.110(d), which deems an employee eligible for FMLA leave, even if the employee does not satisfy the FMLA’s eligibility requirements, when an employer fails to advise an employee of his/her eligibility after leave is requested. Here, the plaintiff had not worked the required 1,250 hours in the 12 months preceding her requested leave, but her employer failed to respond to her request for FMLA leave for the birth of her child.