FMLA Shields Pre-Eligible Leave Requests: 11th Circ.

Law360, San Diego (January 10, 2012, 7:57 PM EST) -- The Eleventh Circuit on Tuesday held that the Family and Medical Leave Act of 1993 protects a pre-eligibility request for post-eligibility leave, reviving a case brought by a pregnant woman who was fired from her job at a senior living facility before she became an eligible worker under the law.

The three-judge panel determined that Kathryn Pereda stated sufficient facts to establish prima facie claims alleging FMLA interference and retaliation by Brookdale Senior Living Communities Inc. and noted that allowing the district court’s dismissal to stand...
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