Harbert v. Healthcare Services Group, Inc.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
EBEL, Circuit Judge.
Nancy Harbert (“Plaintiff’) brought this action against her . former employer, Healthcare Services Group, Inc. (“Defendant”), alleging that Defendant wrongfully denied her request for medical leave under the Family and Medical Leave Act (“FMLA”). Defendant had denied her request based on a provision of the FMLA which excludes from FMLA eligibility any employee who is employed at a particular “worksite” if the employer employs less than 50 employees within 75 miles of that worksite.
Applying a Department of Labor (“DOL”) regulation, the district court defined Plaintiffs…
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