Worker never filed for leave, never saw a doctor – the court still sided with him on one key point
Ask for the FMLA form, get fired – and your employer could be on the hook. That is the warning from a new federal appeals ruling.
On May 14, 2026, the US Court of Appeals for the Sixth Circuit ruled that simply asking HR for the paperwork to request leave under the Family and Medical Leave Act counts as protected activity. The employee does not have to actually qualify for leave, submit a doctor's certification, or even fill out the form. The ask itself is enough.
Daniel Paris worked as a field technician for MacAllister Machinery, a CAT equipment distributor doing business as Michigan CAT. He came to the case with a long disciplinary file, including attendance warnings, performance plans, and a last chance agreement he signed on October 31, 2018, under which any further violation meant termination.
In December 2018, after a tense incident with a supervisor over steel-toed boots, Paris emailed HR to report that he was experiencing an anxiety attack and needed time off. An HR employee pointed him to FMLA leave and to a colleague, Irina Itskovich. On December 21, 2018, Paris emailed Itskovich asking about the process for requesting FMLA leave and what forms he and his doctor would need to complete.
Itskovich sent him the FMLA request form the same day. Paris never filled it out. He never returned it. He never saw a mental health professional. He never submitted anything from a...
Pakistani actress and model Ayesha Omar has strongly denied a controversial statement falsely attributed to her on social media. In recent days, a statement circulated online claiming that the act...