Employment law case analysis – case 7
Brungart worked for BellSouth in Florida from 1991 to 1994, when she was granted an unpaid leave of absence, which lasted 20 months. At her request, she was transferred to Alabama. Soon after she finished training there, she applied for FMLA leave and left work. She told her supervisor she would be gone for ten days; her supervisor told her to call in every couple days to let them know when she would be back. After a week, she had not called, so her supervisor called and told her she was a “no report” because she had not checked in. After she returned to work, she received a written reprimand for her absence. Her FMLA leave was also denied because she had not worked for 1,250 hours during the previous 12 months. During the next six months, she received warnings about poor performance on the job. During that time, she applied for FMLA leave to have knee surgery. In June, that was approved to begin on July 10. She was fired on July 9 for poor job performance.
Family and Medical Leave Act provides that certain employees take up to twelve weeks of unpaid leave. It was designed to help employees balance their work and family. In order to qualify, an employee must have worked for 1,250 hours during the previous 12 months. FLMA requires that an employer responds to a request for FLMA leave within two business days otherwise the employee will be deemed by the Act to be eligible for leave. In this case Brungart applied for the leave and the employer took too long to respond which she thought that granted her the leave automatically. However, looking at the qualifications…