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Employer Violates FMLA: Termination of Employee Who Requested Leave Extension
Many employers find it difficult to administer their leave of absence policies within the parameters of the Family and Medical Leave Act ('FMLA').
Some of the pitfalls employers frequently face under the FMLA were highlighted in a recent decision of the Sixth U.S. Circuit Court of Appeals, Killian v. Yorozu Auto- motive Tennessee, Inc., No. 04-6202 (6th Cir. July 20, 2006).
In Killian, an employee requested, and received approval for, a medical leave of absence from Nov. 29, 2001 until Dec. 9, 2001, to have surgery. While on leave, the employee's doctor discovered that her condition was more serious than he anticipated, necessitating a follow-up appointment on Dec. 11, 2001, the day after the employee's original return-to-work date. When the employee contacted the company nurse to request an extension of her leave, the nurse reportedly told her, 'That's fine. Get a statement, and we'll extend the time.'
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