10th Circuit Holds Employee with FMLA Experience to a High Standard

John GarnerCompliance, Resources

The United States Court of Appeals for the Tenth Circuit says that the more an employee exercises rights under the Family and Medical Leave Act (FMLA), the more it will expect her to be aware of those rights and will enforce the notice requirements less strictly. The 10th Circuit also ruled that an employee on a final warning who violates a notice-of-absence policy cannot use the FMLA to avoid discipline.

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