FMLA BOOT CAMP: REGULATORY AND CASE LAW DEVELOPMENTS UNDER THE FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) was enacted in 1993, almost 17 years ago. Yet it continues to be a challenge for employers who confront both a difficult and confusing regulatory scheme and, sometimes, manipulative employees. This article discusses some of the most salient issues addressed by the final regulations and some interesting case developments within the last year. In order to be eligible for leave under the FMLA, an employee must be employed by an employer for at least twelve months prior to the leave. The regulations now specify that the twelve months need not be consecutive. The cases taken as a whole, demonstrate the need for all employers to be well versed in FMLA's requirements, and to carefully track both an employee's entitlement to leave, as well as the amount of leave actually used during the applicable 12-month period.