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  FMLA Protects the Intention to Take Leave at a Future Date.Ogletree Deakins - February 10, 2009 The Family and Medical leave Act allows “eligible” employees to take unpaid leave for reasons articulated in that act, including leave of up to 12 workweeks during a 12-month period for the birth or adoption of a child. The act defines “eligible employee” as one who has been employed for at least 12 months and who has worked for the employer for at least 1250 hours during the previous 12-month period. The FMLA specifically makes it unlawful for an employer to “deny the exercise of or the attempt to exercise, any right provided under the FMLA.” Report Link Southwest Workers File FMLA Class Action Challenging Computation of Used and Available Leave Time.Jackson Lewis LLP - January 29, 2007 Alleging that Southwest Airlines improperly calculated FMLA leave used by employees at a rate greater than that at which employees could earn FMLA leave, a group of Southwest Airline employees have filed a class action FMLA lawsuit against their employer. Report Link Fuzzy Math - -Miscalculation of Leave Results in Employer Liability.Ballard Rosenberg Golper & Savitt - October 25, 2001 Discusses Bachelder v. America West Airlines, Inc., 259 F.3d 1112 (9th Cir. 2001), in which the court held that an employer must provide employees with notice of the methodology it will use to calculate FMLA leave eligibility before any such calculation may be applied to an employee’s disadvantage.
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March 24, 2010 Fisher & Phillips |
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