HR Management & Compliance

When Is ‘Ineligible’ Employee Covered By FMLA?

By Valeria Gomez, JD

It’s no secret that the Family and Medical Leave Act (FMLA) provides leave benefits only for employees who fit the strict eligibility requirements set forth in the statute. Recently, however, the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—ruled that an employer may not be able to escape liability to ineligible employees under the FMLA if it has led them to believe they were entitled to the Act’s protection.

Employers should take note of the 6th Circuit’s decision and ensure that your current business practices don’t put your company at an unnecessary risk of liability under the FMLA.

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