In Townsend-Taylor v. Ameritech Services, Inc., 523 F.3d 815 (CA 7 2008), a married couple missed work and retroactively sought FMLA leave. Both missed deadlines for submission of medical certification forms. Neither’s lack of diligence resulted in interference with their FMLA rights.
Diedre Townsend-Taylor and Ronnie Taylor (husband and wife) brought suit against Ameritech [...]

In Wysong v. The Dow Chemical Co., — F.3d —-, 2007 WL 2819880 (C.A.6 (Ohio)), 12 Wage & Hour Cas.2d (BNA) 1601, the Sixth Circuit further defined the fifth element of an FMLA interference claim, holding that a showing that the employer somehow unlawfully used FMLA leave against an employee would satisfy this element of [...]

excerpts - In Campbell v. Gambro Healthcare, Inc.C.A.10 (Kan.), 2007, the Tenth Circuit Court of Appeals permitted the use of an FMLA interference claim despite circumstances that would normally limit a plaintiff to pursuing an FMLA retaliation claim. Employer’s reliance on only events occurring before employee’s FMLA leave warranted interference claim.
The appeals court started [...]