Of course, employees have the right to take protected
Just be prepared to show you would have taken the same action whether the employee took leave or not.
Recent case: Carlyle Hill, who directed the security function for Belk department stores, began receiving poor reviews. The chain warned him that his performance needed to improve. He then told HR his wife was ill and needed his care.
Hill took 16 weeks of paid leave, but when he was ready to return, Belk denied him reinstatement. He sued for .
The court said Hill didn’t have a case because the chain could show it was ready to fire him anyway. (Hill v. Belk, No. 3:06-CV-398, WD NC, 2009)
- Terminating for attendance? Don't make FMLA a factor
- What are the rules for intermittent FMLA leave?
- Document accommodations process--especially if it breaks down over worker's suggestion
- Rely on individual disability accommodations; you won't be targeted for a class action
- State Parks & Rec settles gender- and gay-bias claims