The U.S. Court of Appeals for the First Circuit allowed a laid-off engineer to proceed with his lawsuit claiming that his former employer improperly refused to rehire him because he made use of protected FMLA leave.

Former employees do have the right to sue employers directly, the appeals court concluded, noting that the FMLA lists “employment” and reinstatement” as available remedies — two steps that would only apply to workers who were no longer with the employer.

Furthermore, the court said, a narrow reading of the law would give employers an incentive to fire new employees or not hire perspective employees who would likely need leave, such as pregnant women.