Just because someone has a serious health condition that qualifies for, it doesn’t always mean the condition is a disability. Serious health conditions under the are often temporary, and therefore not disabling. And merely approving someone’s FMLA request isn’t the same as admitting the employee is disabled.
Recent case: Lisa Price took 12 weeks of FMLA leave for stress she attributed to being short-staffed at work. She was terminated when she didn’t return at the end of the scheduled leave.
Price sued, alleging she had been fired for being disabled and that her employer admitted she was disabled when it approved her FMLA leave.
The court dismissed Price’s case, reasoning that she wasn’t disabled and her employer didn’t admit she was by approving leave. (Price v. Mount Sinai, No. 10-5232, 2nd Cir., 2012)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/30495/approved-fmla-leave-doesnt-mean-worker-is-disabled "
- You can require reservists to arbitrate USERRA claims
- The changing face of the ADA: Complying with the new amendments
- Suspect employee is scamming FMLA leave? Investigate--and discipline if it's true
- Employee saying he 'May' have medical problem triggers FMLA
- North Carolina Legislature considers new employment laws