Here’s another victory for employers trying to fight FMLA abuse.
A federal court recently ruled that a company could fire an employee who missed her scheduled return to work after leave.
A woman took FMLA leave from an oil drilling company in Texas. Before the leave started, she told the company when she’d be able to get back to work.
But when the day came, she didn’t show. Her boss didn’t hear from her or her doctor until almost a week later. By that point, the company had decided to fire her, so she sued under FMLA.
In defense, the company pointed to its own policy on returning from approved leaves. Under the rule, employees that don’t return to work on the agreed date or give advance notice are fired.
But the woman said it was the company’s responsibility under FMLA to try to contact her.
Not so, according to the judge. Once the planned return date had passed, the absences were no longer protected. It was up to the employee to come back, or ask for more time.
Cite: Bardwell v. Global Santa Fe Drilling Co.