Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation?

Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation?

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, 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.

Please see full Publication below for more information.

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For more information, contact:
Stephen Price in Nashville at (615) 724-3223 or sprice@burr.com
Sharonda Childs in Birmingham at (205) 458-5248 or schilds@burr.com
Matthew Scully in Birmingham at (205) 458-5321 or mscully@burr.com

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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