Employers aren’t allowed to count absences covered by the
Otherwise, if the employee is fired, she may try to argue that somehow her covered absences were included in the decision process.
Recent case: Suzette Whitman was a single mother who missed lots of work because one of her children has Down syndrome and others have health problems. Her supervisors often spoke to her about her absences and told her she needed to get her work done.
She sued when she was fired for allegedly immediately after she returned from to care for a hospitalized child.
The court ordered a trial, concluding there was evidence linking protected attendance with her discharge. (Whitman v. Proconex, No. 08-2667, ED PA, 2009)
- Court: 'Serious health condition' requires 3 full days of incapacity
- No workers' comp just because your job drives you crazy
- Termination for legitimate business reason trumps FMLA
- When supervisor makes stupid comment, make sure you can justify discipline
- Congress begins debate on paid-leave bill; Obama OKs same-sex benefits for federal workers