The contours and bases for an employee’s intermittent leave under the Family and Medical Leave Act remain vexing for employers and challenging for their counsel.
In its Nov. 30 opinion in De Luca v. Trustees of the University of Pennsylvania , the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment for Penn after it denied intermittent leave to an employee following her adoption of a newborn. The court also denied the employee’s claim that she had been retaliated against after taking 11 consecutive weeks of leave.
