In Pereda v. Brookdale Senior Living Communities, Inc., the Eleventh Circuit Court of Appeals recently held that an employee’s pre-eligible request for post-eligible FMLA leave is protected activity under the FMLA.

The Hosanna-Tabor opinion makes it clear a ministerial exception precludes discrimination lawsuits by ministers against religious employers. The biggest question that remains is who, exactly, will be considered a “minister” for purposes of the flexible rule?