Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on
Recent case: Susan Kelley was consistently a few minutes late to work. Even after counseling, she continued to arrive late, apparently ignoring her supervisor’s reasonable suggestion that she leave home 10 minutes earlier.
Then Kelley took emergency leave when her father died. Meanwhile, economic problems required her employer to lay off several employees. Kelley was picked because she had the worst attendance record.
She sued for FMLA interference, but the court said the employer did nothing wrong since her tardiness wasn’t related to FMLA leave. (Kelley v. AmerisourceBergen, No. 08-2377, ED PA, 2009)
- Know the FMLA, ADA rules when employee asks for time off to care for disabled relative
- Roofing manager sues after firing following cancer diagnosis
- Can we require scheduling FMLA-covered medical appointments to suit our needs?
- U.S. trails the world on paid maternity leave
- Don't ask workers to waive past or future FMLA claims