FMLA Does Not Require Return Date if Leave is Unforeseeable: Seventh Circuit | Practical Law
In Gienapp v. Harbor Crest, a case in which an employee alleged a violation by her employer of the Family and Medical Leave Act of 1993 (FMLA), the US Court of Appeals for the Seventh Circuit held that the employee did not fail to provide essential information regarding the duration of her leave under the FMLA regulation providing unforeseeable leave where the employee did not know the duration yet herself. The court further held that under the FMLA, the employee's married adult daughter was her qualifying biological child and the combination of care provided by the employee to her covered daughter and to her grandchildren counted as "care" under the FMLA.