According to a ruling by the 4th U.S. Circuit Court of Appeals, companies could be in violation of FMLA rules if they omit information about reinstatement. A man who worked for the Federal Reserve Bank of Richmond said that his employer failed to tell him that he would be reinstated to his job upon return from FMLA leave.
According to court documents, the man had been battling depression and alcoholism and asked for time off in 2010 to deal with the problem. The company agreed to the FMLA leave and had previously accommodated the man’s disabilities. Although the man had been granted leave from November 10 to December 10 of that year, he returned to work after only six days.
The man was then sent on assignment to a site in Baltimore, but he never reported for duty. According to his lawsuit, the former employee claimed that the company interfered with his rights under FMLA and violated the Americans with Disabilities Act by discharging him. The 4th Circuit said that because the omission may have contributed to the man returning to work early, the employer in this case was not eligible for summary judgment.
If an employee is terminated while on medical leave, he or she may wish to speak with an attorney. Generally, employers are required to provide those on leave with reinstatement to their job or a similar position. Furthermore, employers are generally required to accommodate any disability that an employee may have. An attorney may be able to establish that an employer violated a worker’s rights, which may enable the worker to win compensation for lost pay.