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Varisco v. Gateway (Cal App. 2008)

Articles Discussing Case:

Employer May Have To Extend Probationary Period Interrupted By FMLA Leave.

Ogletree Deakins • October 15, 2008
Recently, the 11th U.S. Circuit Court of Appeals was asked to uphold a lower court’s decision to dismiss a claim brought by a public school employee who was fired for failing to complete a performance improvement plan. The employee’s failure to complete the plan was based upon the fact that during the period of his probation, he was granted an FMLA leave to care for his grand-daughter whose mother – a single parent – was called to active duty in the U.S. Army reserve. The Eleventh Circuit refused to uphold the lower court’s summary judgment for the employer, determining instead that a factual issue existed as to whether the employee’s failure to complete the improvement plan could be directly traced to his FMLA leave of absence.