Plaintiff cannot assert interference claim under the FMLA if the employee is not entitled to FMLA leave.

The plaintiff was employed as a night warehouse selector, and following his termination for excessive absenteeism, he commenced a suit against his employer, which included a claim that the employer interfered with his FLMA rights. At the time of his termination, the plaintiff had already exhausted his FMLA leave allotment and was not eligible for additional time off. In dismissing the interference claim, Judge Irenas held that an interference claim cannot be asserted when the employee is not eligible for an FMLA leave.

Case Law Alert, 1^st Quarter 2014