Employee loses FMLA claim when he didn’t ask for leave
The 8th Circuit Court of Appeals has affirmed a trial court decision dismissing a claim under the Family Medical Leave Act brought by an employee who never requested such leave. A painter at the College of St. Scholastica told his supervisor that he was suffering from stress and anxiety, but did not disclose a diagnosis of depression for which he was taking medication. He asked his supervisor about leave possibilities, and was given a Request for Family Medical Leave form that he put in his drawer without reading and never filed. He told his supervisor that he did not need a leave because he thought he “could handle it.” A few months later he was absent for four days. He asked for a “mental...
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