Forced Leave – No Violation


An employer thought one particular employee was obviously unwell. The employer placed her on FMLA leave and required her to get certification of fitness to return to work. The first doctor released her to work. A second doctor released her to work. A third doctor released her to work. Then the employer told her she had exhausted her FMLA leave and fired her. Because the employee actually did not have a serious health condition that prevented her from working, the court decided she had no FMLA interference claim and no FMLA retaliation claim. The employer’s “mistaken belief that [the employee] suffered a serious health condition could not entitle [her] to the benefits of the FMLA.” Walker v. Trinity Marine Prods., Inc., No. 12-2468 (8th Cir. July 19, 2013).

Doesn’t it make you wonder, though, what other claims the employee might have brought?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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