Evaluating Eligibility for FMLA Leave: Federal Case Law Underscores the Need for Informed Decision Making

The Labor Lawyer

In this Littler attorney-authored article, Littler's Rod Fleigel and Justin Curley answer questions about FMLA leave. They note that an employer can verify eligiblity by anwering three questions, but that those questions may be steeped in complications that delve much deeper into the issue. They also note that "mistakes concerning an employee's eligibility can lead to serious misunderstandings between the employer and employee and, in the worst case scenario, costly litigation with a plaintiff who may present a sympathetic version of events to jurors." Fleigel and Curley survey federal cases examining eligibility issues, and delve into the estoppel cases that require "consideration of particularized information well beyond the three basic questions."