The staffer was allegedly fired for poor performance after taking sick leave for anxiety.
Reddit Taken To SF Court for Firing Worker With Anxiety: Lawsuit::A former Reddit staffer was fired for “poor performance” after taking three months of sick leave, a lawsuit filed in San Francisco alleges.
FMLA doesn’t just protect the time off, but the arrival back to work. You do need the physician to document that there will be restrictions on job functions. This can be done retroactively as I learned.
My work has a client who has an employee that can’t be fired because he is disabled and on permanent intermittent FMLA. Dude has so much porn on his work computer and nobody can do anything about it.
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Lol that’s like the only time you can’t fire someone in the US, is after unpaid FMLA sick leave.
Or in retaliation for reporting sexual harassment, or for whistleblowing to OSHA¹, or for getting pregnant, …
¹ Or to the SEC, IRS, EPA, NRC, etc.; but not “whistleblowing” on your blog.
Yep.
FMLA doesn’t just protect the time off, but the arrival back to work. You do need the physician to document that there will be restrictions on job functions. This can be done retroactively as I learned.
Reddit fucked that up badly
Would they have been better off firing the employee (on their return to work) without providing any reason?
No. While at will employment protects an employer against most forms of wrongful termination, FMLA, from my understanding, superscedes it.
I am not a lawyer so I’m not certain.
However, after your work restriction period ends, then your employer can fire you.
My work has a client who has an employee that can’t be fired because he is disabled and on permanent intermittent FMLA. Dude has so much porn on his work computer and nobody can do anything about it.