Atlanta Employment Attorneys Blog
A worker experiencing health difficulties presents challenges for the employee… and her employer. Employers should proceed carefully, ensuring that any potentially adverse actions they take do not run afoul of federal law. A misstep in this regard could harm not just the worker but also the employer’s business if it exposes the employer to liability for violations of federal anti-discrimination law or the Family and Medical Leave Act. With that in mind, if you are an employer or an employee facing this set of circumstances, it is wise to contact a knowledgeable Atlanta employment lawyer to discuss your rights and obligations.
Sometimes, an employer’s course of action (as laid out in an unfavorable court opinion) can represent a clear case of “what not to do.” A recent FMLA interference and disability discrimination lawsuit in Macon makes for a pertinent example.
The employee, D.L. was an administrative coordinator for a Middle Georgia family services non-profit. The coordinator, who had significant arthritis, took a period of leave following her Sept. 2, 2020, neck surgery. After a Nov. 19 appointment revealed a need for additional surgery, the doctor declared the woman out indefinitely. Two weeks later, the doctor said the coordinator could return to work on Dec. 8, provided she did not do any pushing, pulling, or lifting over 10 pounds.
In a letter dated Dec. 4, the employer fired the woman. The letter stated that the coordinator’s 12 weeks of FMLA leave expired on Nov. 25 and that the employer had no jobs that met the physical limitations the doctor listed.
The coordinator sued and the employer asked the court to throw out the woman’s case. The trial judge largely sided with the employee. This victory for the worker sets out several important lessons for employers.
First, before you (as an employer) terminate an employee coming off FMLA leave, you must ensure your records and other documentation are consistent. This includes, among other things, consistency about why you are firing the employee and consistency regarding the essential demands of the worker’s job. A blatant failure to do so may damage your credibility with a jury and the judge.
In this case, the employer asserted that it only fired the coordinator after searching for a position that met the woman’s limitations and finding none. However, the employer did not dispute that the woman’s pre-existing position – administrative coordinator – did not require that she push, pull, or lift objects exceeding 10 pounds. Simply returning her to her old role would have allowed her to work in a position that violated none of the listed limitations. This potentially cast an air of dubiousness over the employer’s contentions about not having a job for the woman.
The Right of Reinstatement Under the FMLA
Second, employers need to be aware of the right of reinstatement under the FMLA. Federal law requires employers of a worker who takes FMLA leave to restore that employee, at the end of her leave, to her old position or an equivalent one. Failure to do so can constitute FMLA interference.
The FMLA’s right of reinstatement is not absolute. If an employer can “demonstrate that it would have discharged the employee had [she] not been on FMLA leave,” it can proceed with the termination. Additionally, employees have no right of reinstatement when they take more than 12 weeks of leave.
An employer who seeks to fire a worker because she allegedly is not ready to return to work at the end of her 12 weeks again should proceed meticulously. The non-profit claimed it could not be liable for FMLA interference because the coordinator was not ready to return to work when her 12 weeks of leave expired in late November. The coordinator, however, argued that she worked parts of six days while on leave, making the true expiration date of her FMLA leave Dec. 3, the eve of her termination. If the coordinator proved her allegations, a reasonable jury could decide that the employer fired her “the day after her FMLA leave expired and after she, at [the employer’s] request, had made arrangements to return to work.”
The employer’s summary judgment defeat illustrates the importance of “handling with care” workers on FMLA leave and those returning from FMLA leave. If you, as a worker or an employer, have questions about FMLA rights and requirements, the experienced Atlanta FMLA interference attorneys at the law firm of Parks, Chesin & Walbert can help. Our team is highly knowledgeable in this area and ready to provide you with the information and advice you need. Contact us today at 404-873-8048 or through this website to schedule a consultation to find out more.