Employees who claim they qualify for
For example, employees who can show they couldn’t come to work on Friday due to illness, and couldn’t go about everyday tasks at home over the weekend, may meet the three-day test.
Recent case: Cherie Lawson-Brewster, a school custodian, had a lengthy history of calling in sick. When she had worked long enough to qualify for leave, she began taking weeks off for various ailments.
Finally, the school system fired her for missing work. She sued, arguing that the FMLA covered the time she missed work. But all she could prove was that she went to a doctor after already calling in sick for several days.
Lawson-Brewster’s employer wanted proof she couldn’t go about her regular daily activities on the weekend. Otherwise, it argued, she wasn’t incapacitated for three consecutive days. She didn’t have any proof, and the court tossed out Lawson-Brewster’s FMLA claim. Because she wasn’t entitled to FMLA leave, her discharge didn’t violate the FMLA. (Lawson-Brewster v. River Valley School District, No. 4:06-CV-58, WD MI, 2008)
- Not rehiring FMLA leave-taker? Document why
- It's up to you to ensure employees know how much FMLA leave they have left
- You can fire worker out on FMLA leave--just show legitimate work-related reason
- Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks
- Time to care for adult children limited to ADA disabilities