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Paying Employee Full Salary to Work Part-Time in Lieu of Taking FMLA Leave May Be Interference
Wolters Kluwer Law & BusinessLink to more items from this source
June 25, 2015
"Though an employer appeared generous in setting up a plan where, in lieu of FMLA leave, an employee would be paid her full salary to work as often as she could while her son was treated for cancer, a federal court in North Carolina found triable questions on whether this constituted FMLA interference because a jury could find the employer discouraged her from exercising rights under the Act. There was also a question whether she was prejudiced because the communication issues for which she was fired might not have arisen had she been on protected leave." [Alexander v. Carolina Fire Control, Inc., No. 1:14CV74 (M.D.N.C. June 18, 2015)]

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