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Tenth Circuit Defines “Willfulness” Under the FMLA.

The Tenth Circuit recently held that an employer who denied an employee’s Family Medical Leave Act (FMLA) claim after the employee twice failed to provide an adequate medical certification did not "willfully" violate the FMLA. See Bass v. Potter (10th Cir. April 15, 2008). The decision is the first published decision by the Tenth Circuit defining the standard for "willfulness" under the FMLA.
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