• FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Employee may have been fired for taking FMLA leave, not unexcused absences, court says

timing of firing was suspicious
Rachel Mucha
by Rachel Mucha
November 12, 2021
2 minute read
  • SHARE ON

When a worker takes FMLA leave, they’re entitled to certain protections, including job security and no retaliation for taking leave.

So when a company fired an employee when she returned from FMLA leave, she sued for retaliation. The employer claimed she violated their attendance policy, but the 5th Circuit sided with the employee.

Here’s what happened.

Attendance issues?

Leisha Lindsey worked as a nurse and clinical manager for Bio-Medical Applications of Louisiana (BMA) when she began experiencing difficulties in her personal life. When her son was hospitalized, Lindsey took FMLA leave to care for him.

While on leave, Lindsey told her team she would still be performing some job duties, and invited them to contact her if needed. Lindsey stayed in frequent contact with her supervisors and discussed work-related issues.

When Lindsey returned from leave, she was suddenly informed about attendance issues that occurred before her leave. However, the absences recorded were mostly misunderstandings: Lindsey left her phone somewhere and was unreachable for a period of time; she called out sick but the message wasn’t relayed to her direct supervisor; her co-workers were briefly unable to locate her in the facility.

Lindsey pushed back against these so-called absences, stating she thought she was being punished for taking leave. Eventually, Lindsey was terminated for these absences, which violated BMA’s policy. She sued for FMLA retaliation.

Fill Open Positions Fasters

Suspicious timing

The 5th Circuit sided with Lindsey, allowing her claim to move forward. It said the timing of bringing the alleged absence issues to Lindsey’s attention was suspicious — and the absences themselves were a little flimsy. Firing Lindsey for these problems could’ve really been retaliation for taking FMLA leave.

This case emphasizes the importance of carefully documenting absences and other performance issues, and being aware of the timing of bringing issues to light. If the employer had brought the absences to Lindsey’s attention before her leave, this ruling could’ve gone differently.

Rachel Mucha
Rachel Mucha
Rachel writes about Human Resource management and has been a member of the HRMorning staff since 2017. She is a graduate of Ithaca College.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Staff Administration
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2022 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader