Daily Document Update: HR Compliance Library, ¶46,477, FMLA interference claims of employee fired for missing work after son’s birth fail but retaliation claim advances — FEDERAL NEWS, (Nov. 12, 2019)

摘要

Dismissing in large part the FMLA interference claims of an employee fired after missing work when his sonwas born prematurely, a federal district court in New York found he failed to state sufficient facts regardinghis eligibility, his employer’s status, and his entitlement to take FMLA leave. The court, however, granted theemployee’s motion to amend the complaint to cure any deficiencies. However, his FMLA retaliation claim, inwhich he alleged he was fired for exercising his FMLA rights, survived the employer’s motion.