Termination for Taking FMLA Leave Constitutes Retaliation

The Sixth Circuit Court of Appeals has held in Bryant v. Dollar General Corp. that the firing of an employee because the employee took FMLA-guaranteed leave constitutes retaliation under the FMLA.
 
The employer argued on appeal that the relevant statutory text pertains only to situations in which an employee has "opposed any practice made unlawful" by the FMLA.  The Sixth Circuit based its determination on the overwhelming consensus of case law, the nature of the statutory scheme, and the FMLA's legislative history. 
 
See the link below to the Sixth Circuit's Opinion in Bryant v. Dollar General Corp.

www.ca6.uscourts.gov/opinions.pdf/08a0294p-06.pdf

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