A recent case from a federal district court in Ohio highlights what can happen if a manager diverges from objectively processing a Family and Medical Leave Act (FMLA) request and, instead, makes comments on the need for the leave. 

The employee claims she was terminated in retaliation for taking FMLA leave. She took leave for a hysterectomy and then while on leave discovered her fiancé/domestic partner had cancer. Her evidence that the company made its decision for unlawful reasons included:

• The employee asked for leave for a hysterectomy and her supervisor suggested she should borrow a book called “No More Hysterectomies.”
• The supervisor repeatedly told her it was a bad time to take leave.
• The employee was disciplined for conduct that another employee was not disciplined for.
• The employee was ultimately fired while out on FMLA leave.
• The employee was told at the time she was fired that her termination was probably “a blessing in disguise” because she would not be able to give 100 percent to her job anyway.

Regardless of whether these comments were actually made, the court found that the case should go to a jury to determine the issue – a costly proposition for the employer despite whether the company wins (thanks to the FMLA Insights blog for detailed coverage of this case).

Author: Gail Cecchettini Whaley

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