An Employee Who Had Taken Periods of FMLA Leave Over

question 5

Multiple Choice

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule? ​

• A)the employer did not violate the FMLA because the employee was granted leave
• B)the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave
• C)the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal
• D)the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave