An employee with a spotty attendance record was fired for being out sick. Her leave was not FMLA protected because she did not tell her employer that her absence was due to depression until litigation started.
America West Airlines told employees in a handbook that they could take 12 weeks within any 12 month period. The Airline argued it was a rolling 12 month period. An employee needed a 12 month calendar period. The Ninth Circuit ruled that the handbook was not clear, so whatever method of calculating the 12 month period that helps the employee will be used.
On the same day, the Eighth Circuit held that Congress clearly intended States to be covered by Title VII and the Eleventh Circuit found that sovereign immunity protects States from FMLA claims. Both Courts looked to legislative intent to determine if sovereign immunity applied.
Courts are split over whether the FMLA permits suits against supervisors in the public sector. A District Court found that a postal worker with a knee problem could sue the Postmaster General and his supervisor individually.
An employee sought to extend a 30 week leave by 30 days. Her employer said no. The employer sued alleging the 30 weeks leave was not designated as an FMLA leave. The U.S. Supreme Court sided with the employer.