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Warwas v. City of Plainfield, 3d Circuit, No. 11-1736, July 25, 2012

Articles Discussing Case:

FMLA does not prohibit termination of employee who abuses leave.

Ogletree Deakins • August 13, 2012
The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to perform the functions of [his or her] position.” Employers are prohibited from interfering with qualified employees’ benefits or leave under the FMLA. However, the 3d U.S. Circuit Court of Appeals recently held that the FMLA does not shield an employee from discharge merely because an alleged misconduct occurred during an FMLA leave, nor does it prohibit termination of an employee who abuses the terms of an FMLA leave. Warwas v. City of Plainfield, 3d Circuit, No. 11-1736, July 25, 2012.