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Employee loses FMLA claim when he didn’t ask for leave

Employee loses FMLA claim when he didn’t ask for leave

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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