Can the wording in your handbook make employees otherwise ineligible for FMLA leave eligible? The Sixth Circuit (which has appellate jurisdiction over district courts in Kentucky, Michigan, Ohio and Tennessee) has answered this question in the affirmative, and employers everywhere must take heed and review their FMLA policies.
TILLEY V. KALAMAZOO COUNTY ROAD COMMISSION -
Tilley v. Kalamazoo County Road Commission, 777 F.3d 303 (6tCir. 2015), arose because Terry Tilley failed to complete several job assignments in a timely manner. On the morning that Tilley was supposed to complete his final assignment, Tilley claimed that he thought he was having a heart attack and had a coworker drive him to the hospital. As a result of his hospital stay, Tilley never submitted the final assignment.
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