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The Family and Medical Leave Act – Think twice before firing someone on qualified leave


SKU: ELBja093. Category: .


Abstract: In Martin v. Brevard County Public Schools, the Eleventh Circuit decided whether a hire was eligible for leave under the Family and Medical Leave Act (FMLA). The employee took the leave as scheduled, but the district notified him that it wouldn’t renew his contract because he hadn’t completed a required performance improvement plan. He sued, alleging interference with his FMLA rights and retaliation for taking leave. In this case, the employee won the right to go to trial. But a sidebar illustrates a different case in which an employee’s argument was rejected. Martin v. Brevard County Pub. Sch., 543 F.3d 1261 (11th Cir. 2008) Bass v. Lockheed Martin Corp., 287 Fed. Appx. 808 (11th Cir. 2008)

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