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Employers have no duty under the Family and Medical Leave Act to guarantee that a worker returning from an unpaid leave gets the same opportunity for overtime work that he would have had if he’d never taken the leave, a federal judge has ruled.

In his five-page opinion in DiIorio v. Neshaminy Manor, Eastern District of Pennsylvania Senior Judge John P. Fullam granted summary judgment for the defendant after finding that the plaintiff was “in a sense, seeking retroactive accrual of work-related benefits to which he is not entitled, since he was not working during his period of FMLA leave.”

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