The vacation request of an employee suffering from depression and anxiety did not qualify as a leave request under the Family and Medical Leave Act (FMLA), according to a recent decision of the 11th Circuit Court of Appeals. While the leave might have proven medically beneficial, the court found that it did not qualify for FMLA protection because the employee would not have been incapacitated for any period of the leave. Hurley v.
Maria Greco Danaher is an attorney shareholder in the Pittsburgh office of law firm Ogletree Deakins.
Maria Greco Danaher
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