join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More
Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, No. 18-C-884 (November 6, 2018)

Articles Discussing Case:

Judge Rules That HR’s Assurances Before Employee’s One-Year Anniversary May Give Rise to FMLA Claim

Ogletree Deakins • November 18, 2018
Employees are not eligible for leave under the federal Family and Medical Leave Act (FMLA) unless, among other things, they have worked for a covered employer for at least 12 months. It is also a matter of common sense that only employees who are actually eligible for FMLA leave can assert a claim for interference with those rights. Or is it? What if human resources (HR) tells an employee to take leave before he or she is eligible, not to worry about his or her job, and that it would approve the FMLA leave? The U.S. District Court for the Eastern District of Wisconsin recently confirmed that HR assurances like these can give rise to a viable FMLA interference claim, even before an employee is eligible for leave. Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, No. 18-C-884 (November 6, 2018).