HR Management & Compliance

News Notes: Ex-Worker Who Took Family Leave Sues For Refusal To Rehire

A former employee who claims his employer refused to rehire him becausehe took too much family leave can sue under the federal Family and MedicalLeave Act, according to a federal appellate court. Mark Duckworth had takena 52-day medical leave from his job at Pratt & Whitney, Inc., becauseof a punctured lung. When he was subsequently laid off, a supervisor notedon a termination form that his attendance had been “poor.” Twoyears later, Duckworth applied for another Pratt & Whitney job, butwas rejected. He sued under the family leave law, claiming he would havebeen rehired if he hadn’t taken the protected leave. The employer arguedthat only current, not former, employees can sue for violations of thefederal law, but the federal court disagreed.

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