Case: Wage & Hour/FMLA Retaliation (fifth Cir.)

August 12, 2021, 10:51 a.m.

A behavioral health company in Texas received a summary judgment on a program specialist claim that it fired her in retaliation for taking family and Medical Leave Act vacation to care for her daughter with special needs the Fifth Circuit. The close timing between her return from FMLA vacation and her resignation is not enough on its own to establish an excuse, the court said, and the fact that the company is on record to grant her accommodation whenever she requested it and even if the law didn’t require it, weighs heavily against a conclusion …

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