FMLA: employer notice and the deemed eligible employee
A couple of recent decisions from the federal trial courts in the Middle and Eastern Districts of Pennsylvania show a gathering consensus that a controversial Family And Medical Leave Act (“FMLA”) regulation is not proper. The gathering is not complete, however, and employers need to continue appropriate practices while we watch the consensus evolve.
The question is whether an employee is “eligible” under the FMLA, 29 U.S.C. §§ 2601-2654? The statute at 29 U.S.C. § 2611(2)(A)(ii), defines an eligible employee as one employed by employer for at least 12 months and who worked at least 1,250 hours in the 12 months before requesting leave.
Detailed facts of the cases in review need not detain us: the common scenario is of an employee
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