FMLA update from the DallasHR Governmental Affairs Committee:
A leave of absence request for an employee's own serious health condition must be for a period of incapacity or "treatment for such incapacity" to qualify for protection under the Family and Medical Leave Act. FMLA does not extend its "potent protection" to any leave that is medically beneficial — here, a depressed employee requested leave that involved 11 weeks of vacation over two years — simply because the employee has a chronic health condition. So ruled the 11th U.S. Circuit Court of Appeals in overturning a lower court ruling and jury's verdict — that included a $1 million damages award — to a former security firm executive in an FMLA interference and retaliation claim.
To read more, please refer to the following link:
http://www.natlawreview.com/article/giving-notice-unqualified-leave-insufficient-to-trigger-family-and-medical-leave-act.