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Court Says Limitations Period Started When Absence Classified as Non-FMLA, Not When Fired Years Later for Too Many Absences
Wolters Kluwer Law & BusinessLink to more items from this source
Nov. 13, 2015

"An employee who was fired after accumulating 12 unauthorized absences over a period of seven years, in violation of her employer's attendance policy that was based on a system of progressive discipline, could not pursue her untimely FMLA suit, which asserted that three of the absences were protected by the FMLA. In an issue of first impression, the Seventh Circuit ruled that the FMLA's two-year statute of limitations began to run when the three contested absences were deemed unauthorized, not when she was fired years later as a consequence of her overall attendance record." [Barrett v. Ill. Dept. of Corrections, No. 13-2833 (7th Cir. Oct. 20, 2015)]

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