Employee not eligible for FMLA leave still protected by non-discrimination provisions. Many employers offer leave of absence benefits to employees that supplement leaves of absence provided by the Family and Medical Leave Act. Indeed, many employers use their procedures for processing an FMLA leave request when considering and granting non-FMLA leaves. As illustrated by a recent case, this overlap may result in confusion (or claims of confusion) giving otherwise non-eligible employees rights under the FMLA.