Recent case: Eleni, a flight attendant, requested multiple transfers, some for medical reasons. She had a terrible attendance record, with multiple call-offs, absences, tardy arrivals and unscheduled days off. She also had a habit of skipping meetings her bosses called to discuss attendance.
Eleni was terminated for poor attendance and sued, alleging that she should have been allowed to takefor some absences.
However, the employer had records showing each FMLA request and that it had granted leave whenever she provided a medical certification. The case was dismissed. (Woldeselassie v. American Eagle Airlines, No. 12-CIV-07703, SD NY, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Feel free to impose legitimate discipline on employee, even if she's on FMLA leave
- Time off beyond FMLA may be reasonable accommodation
- 'Last-Chance agreements' are reasonable accommodations for substance abuse
- USERRA: Know your duty to returning disabled reservists