6th Circ. Says Employee's Resignation Sinks FMLA Suit

Law360, New York (May 14, 2013, 4:45 PM EDT) -- The Sixth Circuit on Thursday said Nashville Electric Service did not violate the Family and Medical Leave Act when it refused to rehire an employee who resigned after being hospitalized for a psychotic break but changed her mind three days later and said she wanted her job back.

The panel said that all of the evidence indicates that plaintiff Bilqis Miles communicated to her supervisor that she wanted to resign — not take more medical leave. To invoke the protection of the FMLA, the court said,...
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