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FMLA Appeal Denied

CINCINNATI (CN) - A woman who was fired for excessive absences cannot sue her employer for violating the Family and Medical Leave Act, the 6th Circuit ruled.

Candace Davis had sought FMLA leave regarding her absences, but she was denied for not working enough hours in the previous 12 months to qualify.

The district court upheld Michigan Bell Telephone Co.'s decision to fire Davis, and she appealed. Davis argued that her eligibility from 2004 should have carried over into 2005.

Judge Rogers found that the FMLA speaks in terms of 12-month periods; therefore Davis did not re-establish her FMLA eligibility at the beginning of 2005 for her intermittent leave, which began in September 2004.

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