A worker who previously fractured his coccyx told his boss he was "in pain from his tailbone" and needed to go to the doctor that day. Although the boss told him he couldn't leave work until he finished an emergency job, he left anyway. He was fired and he sued, claiming a violation of theAct ( ). A district court sided with the company, saying the FMLA isn't meant to give employees the right to leave work "at a moment's notice" for a predictable problem. Because the worker left to deal with a condition he had known about for several months and for which he had a scheduled doctor's appointment, the employer had no evidence that it was an emergency or that his medical condition was serious. (Hauge v. Equistar Chemical Co., 15822 N.D. Ill., 2002)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't fire for FMLA absence, even with attendance problems
- No medical certificate? You can still run FMLA leave with PTO
- Employee (not you) is responsible for filing FMLA certification on time
- Employee out on military leave: Must we pay him?