Employer sued for making employee work during FMLA leave

October 30, 2024

After suffering a stroke, Kristina requested leave under the federal Family and Medical Leave Act (FMLA). Her employer approved the leave, and after 12 weeks, she returned to work on a part-time basis.

When Kristina returned to work, however, her employer changed her job description and soon fired her.

Kristina sued.

Employee contacted while on FMLA leave

Kristina argued that during her 12 weeks of FMLA leave her work didn’t end. In addition to delegating her job duties to others, she continued to perform some duties.

She was allegedly contacted at all hours of the day for urgent, work-related matters during her leave. Several of the coworker calls lasted hours. Kristina also said she performed other job duties, even though the employer told her she didn’t need to work.

Kristina also argued that the employer changed her job description and fired her because she took FMLA leave. She claimed that her doctor’s work release was based on an agreement she had made with the employer to return to part-time work.

The employer claimed that whatever work Kristina did while on leave she did voluntarily; it didn’t require her to work while on leave. The employer said she performed only de minimis tasks such as sending information or documents that the employer reasonably needed in order to continue a project that was already in the works when Kristina had her stroke.

As far as not returning Kristina to her old job, the employer stated that Kristina was never medically cleared to resume full-time work. Her doctor limited her to a gradual return of only 10-15 hours per week due to ongoing health issues.

The court’s ruling

The court didn’t buy the employer’s argument. It found that because the nature and extent of the contacts with Kristina during her FMLA leave were highly disputed, the court could not throw out the case.

The court also held that the employer presented no evidence to support its argument why it didn’t return Kristina to her original job. Besides Kristina’s work release and disability status, the employer couldn’t prove that she wasn’t able to perform the essential functions of her job if it had asked her to return immediately to full-time status.

As a result, the case will proceed to trial unless otherwise settled.

Kelley, vs. Jewish Voice Ministries International, CV-23-00353, District of Arizona, October 4, 2024.

Key to remember: Employees shouldn’t work during FMLA leave, and how the FMLA defines de minimis work is subject to interpretation. Changing an employee’s job at the end of leave is never without risk.

Publish Date

October 30, 2024

Author

Darlene Clabault

Type

Industry News

Industries

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