THE FAMILY AND MEDICAL LEAVE ACT: FIRED AFTER COMING BACK FROM LEAVE, SERIOUSLY!

Abstract

An employee was granted time off under the Family Medical Leave Act (FMLA) following surgery.  At the expiration of the FMLA leave, the employee then requested and received a non-FMLA leave extension.  After returning from the extension, the employee was initially suspended and then, later, fired.  The company fired the employee due in part to the fact that the employee had taken photos while on non-FMLA leave at certain locations and posted the photos on his personal Facebook page.  The employee sued the company (Massey, H. & Simonsen, C., 2017).  This case has been written only as an instructional case study that examines only certain and specific basic emerging and traditional legal and management concepts.  Although this case notes the seriousness of this real-world situation, the legal and business concepts are presented and discussed in a manner to promote business student learning only. As a result, the case will be presented and discussed in this manner.  The names of the parties, certain locations and certain facts have been changed to protect various individuals.  This case is appropriate for graduate and undergraduate business law and management classes.