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Unauthorized leave time counts as service for FMLA eligibility

February 2, 2004

SHRM Online - Society for Human Resource Management, Court Report - Babcock v. BellSouth Advertising, 4th Cir., No. 02-1791m, Oct. 28, 2003.

Lawrence Peikes


An employee on an unauthorized leave that started before, but extended beyond, her
one- year service anniversary was covered by the Family and Medical Leave Act (FMLA), and her discharge for unapproved absences was unlawful, the 4th U.S. Circuit Court of Appeals has ruled.

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