FMLA Topics - Miscellaneous Issues

Employee's failure to comply with absence-reporting policies

HOLMES v. THE BOEING COMPANY
U.S. District Court District of Kansas, 4 WH Cases2d 766, 2/3/1998, No. 96-1424-JTM

Employer did not violate FMLA when it failed to restore employee to his former position or equivalent one upon return from FMLA leave, where employee's failure to comply with employer's policies for reporting absences was sufficient reason to justify his discharge. Employer lawfully discharged employee for failing to comply with its policies for reporting absences and did not improperly deny the employee FMLA leave. Employee failed to offer any evidence that the employer's reasons for discharge were pretext.

Poor performance

McCOWN v. UOP, INC.
U.S. District Court Northern District of Illinois, 2 WH Cases2d 1669, 8/29/1995, No. 94 C 2179

Employer did not violate FMLA when it discharged employee who had been granted a reduced work schedule under the Act, where employee did not establish that her employer's asserted reasons for discharge--poor performance and excessive absences, tardiness, and personal phone calls--were pretext.

Substitution of paid leave

COX v. AUTOZONE, INC.
U.S. District Court Middle District of Alabama, 4 WH Cases2d 590, 1/20/1998, No. 97-A-478-N

Store manager who received employer-provided disability pay for 13 of 15 weeks of leave she took because of pregnancy has no case under FMLA, even though she was not restored to equivalent position, despite her contention that employer harassed her so severely as to amount to constructive discharge. The Act provides protection only when employee takes twelve or fewer weeks of leave. Manager took more than twelve weeks of leave, she collected disability pay while doing so, and employer properly counted that paid leave against her FMLA entitlement. Provision of act allowing employee to elect, or employer to require employee, to substitute accrued paid leave for leave provided under act exists so that employees may not be told that leave must be taken as unpaid when alternative of employer-provided paid leave exists. Provision does not require that employee be given twelve unpaid weeks of leave in addition to paid weeks provided by employer.