Saturday, August 18, 2012

Can an employee actually get indefinite FMLA leave?

August 17, 2012
By Dan Wisniewsi

A staffer runs out of FMLA leave but hands in a doctor’s note saying she’ll be out indefinitely with a back injury. Her company fires her, and she sues, claiming FMLA interference and refusal to accommodate a disability. Who wins? Read the dramatized version of this real-life case and see if you can determine the outcome.
“Lynn, remind me why we let go of Julia Stanley,” VP Carl Nicholas asked HR Manager Lynn Rondo. “Because now she’s suing us.”
“That’s outrageous,” Lynn said. She motioned for Carl to close her office door. “After she used up her twelve weeks of FMLA leave, she gave us a doctor’s note saying she’d be out of work until further notice because of her severe back pain.”
“We couldn’t just keep her position open forever,” Lynn said. “We needed a permanent replacement.”

Did she cause undue hardship?

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