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Employer's Poorly Drafted FMLA Policy Allows Employee to Advance FMLA Claim (That Should Have Never Seen the Light of Day)
FMLA InsightsLink to more items from this source
Jan. 28, 2015
"[The employer (the Road Commission)] maintained an FMLA policy in which 'eligibility' to take FMLA leave was satisfied if [an employee] met the first two criteria [allowed by the FMLA statute] (12 months and 1,250 hours). The Road Commission's FMLA policy made absolutely no reference to the requirement that [an employee would be eligible only if he works at a location where the employer employs at least] 50 employees [who] work within 75 miles.... Because the Road Commission left out the third prong of what the court considered an 'unambiguous and unqualified' FMLA eligibility provision, a 'reasonable person in [Terry's] position could fairly have believed that he was protected by the FMLA.' "

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