The Third Circuit Court of Appeals has issued a decision, in Sinacole v. iGate Capital which agrees with the 2d, 7th and 11th Circuits in invalidating a DOL regulation concerning FMLA leave. In the case (which has been deemed “Not Precedential”), the Third Circuit held that the Department of Labor regulation was invalid to the extent it deemed an employee “eligible” for FMLA leave even if the employee did not work at least “1250 hours in the past 12 months.” Excerpt:
It is the sole province of the Congress to establish the scope of employees who have rights under the FMLA.