An employee takes FMLA. Twelve weeks come and go, she hasn’t come back and you can’t get a hold of her. What now?
That problem came up in one recent court case.
An employee asked for FMLA. On her certification form, her doctor said she’d need the full twelve weeks of leave. But as for how long her condition would last, the doctor listed a date that was a few weeks later than when the leave was scheduled to end.
She went on her leave, and didn’t show up on her scheduled return date. The company tried to get a hold of her, but couldn’t. After several attempts, the company decided to fire her.
She sued, claiming she thought the date the doctor gave for the end of her condition was the day she’d have to come back. She said the company was at fault for not explaining her leave schedule clearly enough.
The case was thrown out. The court ruled the employee was to blame for misunderstanding the certification form and not asking the company for clarification.
Cite: Edwards v. Heatcraft, Inc.
