After a nurse was terminated for violating her employer’s no-call/no-show attendance policy, she sued under the Family and Medical Leave Act (FMLA).

The case recently reached the Sixth Circuit Court of Appeals, and the Court sided with the employer. One key point? Her leave was foreseeable. So she should have given notice as soon as she could, but she didn’t.

As one example, she called her supervisor to say she’d be out eight minutes after her shift started. That was well beyond the company’s two-hour-notice deadline.