Stop me if you’ve heard this b
efore: it’s the Monday after the Super Bowl, an employee with approved intermittent FMLA leave asks for a personal day, gets denied, switches to FMLA, and later finds himself terminated for “abuse.” That is not a hypothetical. It is essentially what happened in a recent decision out of the Sou
thern District of West Virginia, where a federal court refused to throw out an employee’s