In Bachelder V

In Bachelder v. America West Airlines , an employee who had taken periods of FMLA leave in the previous two years was terminated for poor attendance. The court ruled that:

A) the employer did not violate the FMLA because the employee had already exhausted her eligibility for leave under the rolling 12 month period used by the employer
B) the employer did not violate the FMLA because she was terminated for her absences and not for having requested or taken FMLA leave
C) the employer violated the FMLA because all employees become eligible for up to 12 weeks of leave at the start of each new calendar year
D) the employer violated the FMLA because the employee was terminated based on absences that qualified as FMLA leave