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First Circuit ruling stirs speculation over FMLA changes.

Publication: Trial
Publication Date: 01-MAR-07 		Format: Online
Delivery: Immediate Online Access
Full Article Title: First Circuit ruling stirs speculation over FMLA changes.(Family and Medical Leave Act of 1993)

Article Excerpt
In a decision that has ignited debate about alleged ambiguities in the Family and Medical Leave Act (FMLA), the First Circuit has ruled that previous work with the same employer counts toward the 12-month period employees must have worked in order to be covered by the act. The December ruling in Rucker v. Lee Holding Co. has spurred speculation over possible changes to the law. (2006 WL 3704457 (1st Cir. Dec. 18, 2006).)

After Lee Auto Malls terminated his employment, Kenneth Rucker sued the company, alleging FMLA violations. Rucker had previously worked at Lee as a car salesman for five years and had left the company for another five years before rejoining it. Seven and a half months after returning to Lee, he ruptured a disk in his back, prompting him to seek medical treatment and take medical leave on various occasions. The company fired Rucker after he...

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