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Mainor v. Bankfinancial FSB

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When Mainor was refused leave under the FMLA she resigned. Bankfinancial released her immediately. She went to the doctor on her own behalf that day. Three issues came about:
Submitting a resignation and being dismissed immediately means that person is no longer an employee and cannot sue for denial of FMLA leave once she has resigned her position;
A few visits to the doctor do not meet the FMLA criteria for a "serious health condition"; and
Telling one's employer that time off is needed to visit her sick grandmother does not qualify as adequate notice.

FEDERAL PREEMPTION
PREEMPTION
The rule of law that allows Congress to pass laws on a subject and make those laws controlling over state laws, or prevent states from enacting laws on the same subject, if Congress specifically states that it has "occupied the field" (assumed control of the subject). The National Bank Act is such a law, but only to the extent that it regulates national banks and their related activities.

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