After becoming pregnant an employee took occasional fmla


After becoming pregnant, an employee took occasional FMLA leave to attend medical appointments. The employee subsequently received a doctor's slip diagnosing her with pregnancy and gestational edema and identifying her as totally disabled from that date until "6 wks post partum." The employee gave the employer the doctor's slip and a disability form indicating her "Estimated" return to work date as "6 wk post partum" and her "Expected" delivery date. FMLA leave was granted. The woman delivered her baby and was cleared to return to work seven weeks after the birth of her child. When the employee returned to work, she had taken FMLA leave for a total of fifty-seven workdays during the relevant twelve-month period. She was in- formed by her employer that she had been ex- pected back at work six weeks after giving birth- and not seven. As such, the employer applied attendance points for each day the employee failed to report to work or notify management of her absence. These absences led the employer, in accordance with its attendance policy, to termi- nate the employee. She sued. What should the court decide? Why? (Morr v. Kamco Industries, 548 F. Supp. 2d 472 (N.D. Ohio 2008))

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Management Theories: After becoming pregnant an employee took occasional fmla
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