By Lynn Mueller, Felhaber Lawson
Once an employee gives her employer notice that she’s requesting leave under the FMLA, the employer cannot escape liability for discrimination by merely approving the leave but skipping the paperwork designating the leave as FMLA-protected.
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In this case, a former employee filed a lawsuit against Walmart, claiming that it violated the FMLA by terminating her for using leave to seek medical treatment. Walmart argued that the former employee couldn’t maintain a discrimination claim under the FMLA because she didn’t engage in protected conduct.
Find out why the federal district court denied Walmart’s request for pretrial dismissal.
Read more here.