Employee Requests FMLA – Keep Your Commentary to Yourself

Posted on Fri, Jul 13, 2012

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:

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Tags: employer, employee request, FMLA leave, manager, HR Allen Consulting Services, HR Informant, FMLA, Family and Medical Leave Act