FMLA abuse: 5 things this employer did right
How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case , and recently won again on appeal . According to both courts, the employee appeared to be trying to play it both ways with his FMLA leave. Even if the employer was wrong about that, the courts said, the employer's honest belief defeated the plaintiff’s interference and retaliation claims under the Family and Medical Leave Act. Here’s what happened: Michael Shipton worked for Baltimore (Maryland) Gas & Electric as an underground gas mechanic. He also had a Commercial Drivers License. That CDL will be important later. Mr. Shipton has Type 2 diabetes. In August 2017 , he submitted an FMLA medical certification completed by a physician’s assistant stating that he would need intermittent leave for what sounds like very severe hypoglycemic episodes . The physician’s assistant said that Mr. Shipton “is an uncontrolled diabetic with very fluctuant bl...