Tick, Tock: Clarifying The FMLA Statute of Limitations for Claims Involving Absenteeism Policies

Authors

Sarah H. Lavelanet

First Page

141

Document Type

Comment

Abstract

This Comment addresses the ambiguity within the FMLA statute of limitations, specifically the contested interpretation of “last event.” Part II provides background on the FMLA, including its history, purpose, and relevant provisions such as eligibility, rights, and enforcement thereunder. Part III analyzes how federal circuit courts are split on the interpretation of “last event” and how this affects the timeliness of FMLA claims. Part IV proposes amending the FMLA regulations to clarify the limitations period using the Barrett holding that “last event” constitutes the last denial of FMLA rights. Finally, Part V concludes, asserting that if this solution is adopted, the circuit split will be resolved, thereby addressing the ambiguity associated with the accrual period for FMLA claims involving absenteeism policies.

Recommended Citation

Sarah H. Lavelanet, Tick, Tock: Clarifying The FMLA Statute of Limitations for Claims Involving Absenteeism Policies, 34 St. Thomas L. Rev. 141 (2022).
Available at: https://scholarship.stu.edu/stlr/vol34/iss2/3