Magazine article HRMagazine

FMLA Leave Granted, but Interference Claim Viable

Magazine article HRMagazine

FMLA Leave Granted, but Interference Claim Viable

Article excerpt

Gordon v. U.S. Capitol Police, D.C. Cir., No. 13-5072

An employee who received all of the Family and Medical Leave Act (FMLA) leave she requested could still bring a claim against her employer for interference with her FMLA rights, the U.S. Court of Appeals for the D.C. Circuit ruled.

Judy Gordon was an armed officer with the U.S. Capitol Police. She had depression and asked the Capitol Police to open an FMLA leave bank. The Capitol Police allotted her 240 hours of leave to be used at future unspecified dates.

Before Gordon used any of her leave, a police captain told her that an upperlevel manager was "mad" about FMLA requests being granted without his knowledge and that he had vowed to "find a problem" with the leave request. Two months later, even though Gordon had not used any of her leave time, supervisors informed her that she needed to undergo a fitness-for-duty exam because she had said that she had "severe and incapacitating" depression in the paperwork she filed months earlier. The exam concluded she was fit for duty.

About four months after she asked her employer to create the leave bank, Gordon made her first request to use leave. …

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