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A Better Partnership


Jan 2004
January 12, 2004

Sixth Circuit Issues Positive Ruling in Intermittent Leave Case

Warner Norcross & Judd recently scored a victory for employers in a Family Medical Leave Act intermittent leave case. A former employee sued her employer, claiming that the employer violated the FMLA by refusing to grant her intermittent leave, then terminating her in retaliation for exercising her FMLA rights. The court disagreed, holding that the employer did not intentionally violate the FMLA, but rather tried to comply with the FMLA in the face of a myriad of confusing rules regarding intermittent leave. In addition, the court concluded that the employer was justified in terminating the employee because she used profanity toward her superior, even though it occurred in the context of an argument over the FMLA issue.

We are hopeful that this case signals the court's understanding of the difficulties employers face in dealing with intermittent leave. We can assist companies of all sizes and in all industries in implementing effective FMLA policies and procedures, dealing with difficult FMLA issues, and in litigating FMLA disputes that may arise.

For more information, please contact your WN&J attorney.

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