In a recent case (Douyon v. NYC Department of Education, No. 15-3932, 2nd Cir., 2016) Marie sued alleging interference with her right to a full 12 weeks of FMLA. Her lawsuit was dismissed.
An employee rights to FMLA leave ends when employment ends. The employee learned she was going to be terminated as part of a reorganization on July 9th. She applied for FMLA on June 24th, which was approved. The court dismissed her lawsuit, reason that once employment ends for an unrelated reason, the right to FMLA ends also.
If you have questions or concerns about FMLA, contact the professionals at CyQuest today!