Some workers decide to provide notice that they’ll needlong before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.
Recent case: Emergency room nurse Lisa Skirpan told her supervisors she would needleave for surgery “in a year or so.” Then she was fired for refusing to come in while on call. She sued, alleging FMLA interference.
The hospital urged the court to throw out Skirpan’s case because she wasn’t eligible for FMLA leave when she announced her need for it. The court did dismiss the case, but for a different reason: Skirpan couldn’t prove her firing was about anything other than insubordination.
However, the court did note that employers must calculate FMLA eligibility based on the actual start of FMLA leave. (Skirpan v. Pinnacle, No. 107-CV-1703, MD PA, 2010)
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- OK to fire worker who has taken FMLA leave--but you had better be prepared to explain why
- When it comes to firing offenses, be sure you can show you treated everyone equally
- Worker on FMLA leave: What you need to know