Kathryn Pereda alleged that Brookdale Senior Living began harassing her and disciplining her after learning she was pregnant, then fired her before she reached the FMLA’s 12-month and 1,250-hour eligibility thresholds; she said she had notified Brookdale that she would need leave after the expected birth. After the district court dismissed her FMLA interference and retaliation claims under Rule 12(b)(6), the Eleventh Circuit considered whether the statute protects a pre-eligibility request for leave that would begin after eligibility. The court held that it does: because the FMLA requires advance notice, an employee who will be eligible when leave begins may sue if the employer terminates her to avoid accommodating that future leave, and the request is protected activity for retaliation purposes. The court rejected the argument that this expanded FMLA eligibility, explaining that eligibility and entitlement are measured when leave starts; it reversed the dismissal and remanded for further proceedings, including consideration of whether Brookdale retaliated.