Employee reaches year of employment for FMLA eligibility purposes while off work

In Babcock v. BellSouth Publishing and Advertising Corp., the Fourth Circuit in an opinion by Judge Shedd, joined by Chief Judge Wilkins and Judge Gregory, affirmed the verdict in favor of the plaintiff's unlawful discharge claim under the Family and Medical Leave Act, where the employer kept the plaintiff on the payroll through her anniversary date, even though she was not working, and as result she became an "eligible employee" protected by the FMLA.