Employees takefor a variety of reasons. Some may be happy occasions like the birth or adoption of a child. Others may be less joyous, including a death in the family or a devastating medical diagnosis.
Either way, it’s up to the employee how much he or she wants to divulge to co-workers. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.
Recent case: William returned to work after a heart attack, but took additional leave from time to time. His supervisor apparently didn’t like the disruption and posted his requests on the bulletin board. The supervisor also cursed at him and threatened to “get rid of him.”
William was fired and sued. The court said he had a case for retaliatory firing. (Mohl v. County of Lebanon, No. 13-2415, 3rd Cir., 2014)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Make sure employee handbook supports compliance with leave laws
- When supervisor makes stupid comment, make sure you can justify discipline
- Prepare to justify termination by citing business reasons unrelated to FMLA leave
- Follow the discipline rules in your handbook to defeat discrimination claims