Greg sought FMLA leave to care for his grandfather, who had raised him since before the age of four, after the employee’s father died. The grandfather, who had suffered a stroke in 2011, lived with the employee and suffered from a number of chronic medical conditions. In January 2013, the grandfather was taken to the hospital and diagnosed with bronchitis. The employee was concerned that his grandfather should not be left unattended, so he decided to stay home and care for him until he could secure the assistance of a home health aide. He sought FMLA leave, but the employer denied his leave request, informing him that the statute does not apply to grandparents. When he remained at home to care for his grandfather nonetheless, he was discharged.
Should the company have provided FMLA to Greg? Why or why not?
Fred operated a mixing machine to make dough. He developed arthritis in both hips due a blood flow issue. He had hip replacement surgery in 2013. He was then approved for intermittent FMLA for pain and flare-ups.
He was approved for intermittent leave from January 2016 through July 2016. In February, he took FMLA leave on the 11 and 12, returning on the 13th, and then calling out again on the 14th due to pain. His wife was out of town on the 14th and he did not know how to cook so he drove to a nearby pub on the 14th to get something to eat. He also had three beers and three shots before attempting to drive home. He was arrested for DUI and spend the night in jail. He was scheduled to work Friday afternoon, but called and left a message stating he would be using FMLA due to leg pain. He was eventually convicted of the DUI and served three days in jail, he never told anyone at work In July of 2016, HR manager learned about conviction and investigated Fred’s attendance records learning that some dates coincided with his FMLA use. Fred was then terminated for dishonesty.
Fred files a claim for FMLA retaliation. Is he successful? Why or why not.
GM of a car dealership returned to work after open heart surgery. His doctor recommended he not work 40 hours per week, so he asked for an adjusted schedule as a form of intermittent leave. His manager repeatedly asked him how long it would take until he was 100%. Later when the GM complained about working long hours, his manager said, “that is your job.” Two weeks after returning to work, the GM was fired for swearing at a co-worker, which was not an uncommon occurrence.
GM files a claim for FMLA interference and retaliation, is the GM successful? Why or why not?
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