Manager for exhausting fmla

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Reference no: EM131006982

The manager of a hair salon was terminated after informing her employer that she would be unable to return to work after a medical leave. The manager had been experiencing knee problems and learned that she would need surgery to remove a growth from her knee. When she told the area manager about this, the area manager blew up and told the manager that the store was too busy to allow her to take time off for surgery. The manager attempted to have the surgery rescheduled, but her surgeon told her that the condition needed immediate attention. Upon hearing this, the area manager told the store manager that she was being "selfish" and repeatedly yelled at her over the phone. The leave lasted longer than expected due to complications. By the time the store manager had exhausted her twelve weeks of leave, her doctor determined that she would be able to perform only seated work. Formerly, the store manager had spent about 90 percent of her time cutting hair. The employer terminated the manager for exhausting her FMLA leave and not providing a medical clear- ance to return to work. The letter from her doctor regarding medical restrictions was received by the employer five days after the manager had been terminated for exhausting her leave and not providing a medical clearance form allowing her to return to work. The former manager sued. What should the court decide? Why? (Bryson v. Regis Hairstylists, 498 F.3d 561 (6th Cir. 2007))

Reference no: EM131006982

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