The employment attorneys at Morgan and Morgan applaud a recent 11th Circuit ruling which held that the Family Medical Leave Act (FMLA) protects an employee’s pre-eligibility request for post-eligibility leave in a case involving a worker who was terminated by her employer before she became eligible for FMLA protections. In Sept. 2010, the district court dismissed a complaint lodged by Kathryn Pereda against Brookdale Senior Living Communities, Inc. alleging FMLA interference and relation, ruling that the plaintiff could not bring either claim, as she was not an eligible employee under the FMLA at the time she was fired. Upon appeal, this decision was reversed after a panel of three judges found that the plaintiff had provided sufficient facts to establish prima facie claims for both counts under the FMLA and concluded that permitting the dismissal to stand would violate the principle of such a law.
In May 2010, Pereda sued her former employer alleging interference and retaliation under the FMLA after she was fired in September of 2009. In June 2009, the plaintiff informed her employer that she was pregnant and would be requesting
FMLA leave on or about Nov. 30, 2009 after the birth of her child. Pereda alleged that after they learned of her pregnancy, Brookdale started harassing her, denigrated her job performance and put her on an unattainable performance improvement plan. At this point, Pereda had accrued both sick and personal leave, and was permitted to make doctor visits. Regardless, she claims that the company wrote her up for taking leave to visit the doctor, even though other employees were not written up for taking the same. Pereda continued to suffer from pregnancy complications and alleges that she was informed by her employer that she qualified for non-FLMA leave, such as personal, sick and vacation days. She again took time off and left a message with the Executive Director regarding her absence, but never received word back. Shortly thereafter, she was fired after a total of 11 months at the company.
An employee must have worked at their company for at least 12 months, and worked at least 1,250 hours during the previous year to receive
FMLA protections, which include leave if they or a family member suffers from a “serious health condition.” The decision to reverse the district court’s ruling in this case closes a loophole which provides an employer freedom to fire an employee before they can ever become eligible. Furthermore, the ruling provides pre-eligible employees an opportunity for legal recourse if their employer fires them to avoid providing FMLA leave rights upon eligibility, and finds that protected activity under the FMLA extends to the pre-eligible discussion of post-eligible FMLA leave. The
employment lawyers at Morgan and Morgan strongly support this decision and would like to hear from anyone who suspects their rights under the FMLA or another employment law have been violated. To receive a free evaluation of your claim, visit ForThePeople.com today.
About Morgan and Morgan:
Morgan and Morgan is one of the largest plaintiffs’ firms in the country with multiple office locations throughout Florida and the Southeast. The firm has a department solely devoted to helping employees in disputes with their employers, and also handles auto accident cases, personal injury cases, product liability cases and medical malpractice cases. Visit Morgan and Morgan online at http://www.forthepeople.com/ for a free case evaluation and information about your legal rights.
