Employer wins day in court over termination following FMLA leave

After she had her baby, Eve used all 12 weeks of leave under the federal Family and Medical Leave Act (FMLA). Then, she asked for more time off under the company's long-term disability leave policy for ongoing health issues. While applying for the disability benefits, she indicated that she did not expect to return to work.

Months later, Eve was fired because she did not provide a return-to-work date. She sued, in part, under the FMLA.

In court, the employer argued that Eve had exhausted all her FMLA leave long before she was terminated, so she did not have any more job protections under that law.

Eve tried to argue that the employer violated the FMLA when it did not allow her to take 10 weeks of company-provided parental leave, which offered job protection, after exhausting FMLA leave. The company policy, however, required employees to be medically released for duty before they could take parental leave, and Eve was not yet released. Eve had planned on using the parental leave until her disability benefits expired, hoping to protect her job.

Employer's policy prevailed

The court ruled in favor of the employer in this case. It pointed out that Eve did not establish a connection between her taking FMLA leave and the company denying parental leave under its policy.

In this case, the employer's parental leave policy was clear. Employees could not take the 10 weeks of parental leave without a medical release. Eve did not have such a release.

The employer's reason for firing Eve was not related to her FMLA leave; it was because she said she would not return to work.

Brewer v. Key Bank, N.A.; Eastern District of Pennsylvania, No. 23-747, September 3, 2024.