HR Management & Compliance

FMLA: Merely Directing Employee to Apply for Leave Isn’t Enough

By Sarah Caldwell Breslin, JD

The U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—recently ruled that a Columbus (Indiana) teacher who claimed his contract wasn’t renewed for discriminatory reasons should have his Family and Medical Leave Act (FMLA) claims heard by a jury.

The teacher brought numerous claims against the school corporation following the nonrenewal of his contract, but the 7th Circuit reversed the lower court’s dismissal of his FMLA interference and retaliation claims only.

According to the appellate court, the teacher had put the school on notice of his son’s illness and his own diabetes, and there was sufficient evidence from which a jury could conclude that the school interfered with his FMLA rights and retaliated against him by failing to renew his contract. Let’s take a closer look at the case.

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