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Eleventh Circuit Rules Employees Can't Take FMLA Leave for 'Potential' Absences in the Future
FMLA Insights
Mar. 25, 2014
"There is a fine line between present incapacity and future incapacity, and employers should be sure to clarify if there is any ambiguity.... [J]ust because an employee has a chronic condition doesn't necessarily mean they are incapacitated from working.... Despite the appellate court's ruling for the employer, FMLA training still is critical." [Hurley v. Kent of Naples, No. 13 -10298 (11th Cir. Mar. 20, 2014)]
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