An Employee Who Had Taken Periods of FMLA Leave Over

Multiple Choice

An employee who had taken periods of FMLA leave over a two year period was terminated for poor attendance because of those absences. She brings suit under the FMLA. What should the court rule? ​

A) the employer did not violate the FMLA because the employee was granted leave
B) the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave
C) the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year; "rolling" calendars are illegal
D) the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave