While courts usually come down hard on employers for violating FMLA, here’s some good news: They’re just as strict when it comes to employees and their obligations.
In one recent case, an employee was disciplined several times for various policy violations. She was close to being fired on a few occasions, but managed to convince her supervisor to suspend her instead.
Eventually, she was fired after missing work — without authorization — because of knee problems. She sued the company, claiming the absence should’ve been covered by FMLA.
The company disagreed. Why? Because she wasn’t eligible to take leave. When all of her time was added up, it turned out she only worked 1,248.8 hours in the past 12 months — 1.2 hours shy of what FMLA requires.
The court agreed with the company, which had documented payroll records to support its argument. The woman wasn’t entitled to FMLA leave.
Cite: Pirant v. U.S. Postal Service
