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Employer Handbook Grants FMLA Rights to Ineligible Employee

This report relates to 1 case(s)

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    Peters v. Gilead Scis., Inc., 533 F.3d 594 (7th Cir. Ind. 2008) (0 other reports)

Author: Shannon C. Johnson

In Peters v. Gilead Scis., Inc., +533 F.3d 594 (7th Cir. Ind. 2008) addressed whether the provisions in an employee handbook and communications sent to an employee created an enforceable contract, giving an employee a contractual right to the equivalent of leave under the federal Family and Medical Leave Act (FMLA), even though the employee was ineligible for FMLA leave.

The FMLA provides that an eligible employee can take up to 12 weeks of family and medical leave time for a FMLA qualifying event. In order to be eligible for the FMLA, an employee must meet the following prerequisites: