Mealey's Labor & Employment - 5th Circuit Reinstates Postal Worker's Medical Leave Claims

Mealey's Labor & Employment - 5th Circuit Reinstates Postal Worker's Medical Leave Claims

NEW ORLEANS - A former postal worker may proceed with her claims under the Family and Medical Leave Act (FMLA) as, unlike her claims brought under the Rehabilitation Act, the collective bargaining agreement (CBA) controlling her employment did not clearly require her to resolve those claims through arbitration, the Fifth Circuit U.S. Court of Appeals ruled April 30 (Sandra Kay Gilbert v. Patrick R. Donahoe, Postmaster General, United States Postal Service, No. 13-40328, 5th Cir.; 2014 U.S. App. LEXIS 8182).

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