Back in 2005, a Pennsylvania federal court recognized in this opinion that an employee’s FMLA rights become sacrosanct upon requesting FMLA — even if the employee is not yet FMLA-eligible — provided that the employee has satisfied all FMLA service requirements when the FMLA begins. Where would this most likely arise? Why with pregnancy, of course. Something like:
- Female employee starts work;
- A few months later, she gets pregnant and requests FMLA to commence upon childbirth; and
- She gets fired before giving birth.
Hey, those sound like the facts of Pereda v. Brookdale Senior Living Communities, Inc., a case decided in the Eleventh Circuit Court of Appeals last week. More on this case, together with a big helping of FMLA tips for employers, after the jump…
* * *