FMLA Recent Developments

"Employer’s Granting of FMLA Leave May Preclude Subsequent Challenge to Employee’s Entitlement Leave" By Jon Allison (Dinsmore & Shohl)

Employers should be aware that the unconditional granting of FMLA leave to employees without challenge may prevent employers from later challenging employees’ entitlement to the leave.

In Sorrell v. Rinker Materials Corp., 6th Cir. No. 03-4359, 1/14/05, the U.S. Court of Appeals for the Sixth Circuit ruled that an employer’s unconditional approval of an employee’s request for leave under the Family and Medical Leave Act to care for his ill wife may prevent it from contesting the employee’s leave entitlement.  Read more here.