She no longer qualified for FMLA — could she still take intermittent leave?

A recent court case brings good news for employers trying to keep intermittent FMLA under control.
In the case, a woman took intermittent leave starting in September, when she had worked enough hours the previous year to be eligible. She continued taking leave through the end of December.
The company calculated leave entitlement based on the calendar year. When she asked for more time off in January, the request was denied.
Why? Because she hadn’t worked 1,250 hours in the previous 12 months. She sued the company, claiming FMLA was unlawfully denied. She argued that she’d already been approved for leave and could continue taking it since she was eligible when she first needed time off.
The court didn’t buy it. Once the new leave year started, the employee had to be re-approved. By her logic, employees could take intermittent FMLA leave forever, even after they no longer met the eligibility requirements.
Cite: Davis v. Michigan Bell Telephone Co.