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Medley v. Montgomery County, EDPA, No. 2:12-cv-01995, July 17, 2012.

Articles Discussing Case:

Employer’s Mistaken Allowance Of FMLA Leave Can Create Liability For Retaliation

Ogletree Deakins • July 23, 2012
In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and having worked for at least 1250 hours within the prior calendar year. Individuals who do not reach those initial thresholds typically do not qualify for FMLA leave. However, on July 17, 2012, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss the claim of a county nursing assistant who was fired because she took FMLA leave to care for her son, finding that the employer was estopped from arguing that the FMLA discrimination claim should be dismissed based on ineligibility under the leave law, because county officials had led the plaintiff to believe that she was qualified to take such leave. Medley v. Montgomery County, EDPA, No. 2:12-cv-01995, July 17, 2012.