Who won this case? She says company penalized her for taking FMLA leave
July 18, 2008 by Jim GiulianoPosted in: Employment law, FMLA, In this week's e-newsletter, Latest News & Views, Leave, Who won?
In this real-life case, a low-performer sues the company when she gets demoted after taking time off under the Family and Medical Leave Act. Who won?
The facts:
A female employee who was working full time applied for ongoing, intermittent leave under FMLA to care for an ill family member. Her supervisor approved the request. As a result of taking leave, the employee ended up working essentially about half time. Later, her supervisor, citing the employee’s low rate of productivity because of the reduced workweek, recommended that she be allowed to keep her job and continue using FMLA leave but that she be demoted. The woman sued the company, saying she was being demoted for taking FMLA leave, which is against regulations.
The employer said:
The decision to demote the employee was based strictly on her reduced productivity, not because she took FMLA leave.
Who won the case?
Answer: The employee.
Why:
The employee had been given the OK to work part time and take intermittent FMLA leave. Up to that time, her performance had been satisfactory, according to her supervisor.
But the supervisor as much as admitted that aspects of the employee’s performance dropped after and as a result of the employee’s leave-taking. The supervisor should have known that granting the employee’s request for part time would result in less productivity - and he should have made allowances for it.
So it all boiled down to a simple test: Would the employee have been demoted had she not taken FMLA leave?
The judge’s answer was “no,” meaning the company violated the law.
Cite: Lews v. School District #70.
July 21st, 2008 at 2:09 pm
I was demoted after returning to work after a medical leave of absence.