HR Management & Compliance

FMLA Leave: A Shield for Employee Misconduct?

By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson

In a recent case, the U.S. District Court for the District of Minnesota held that an employee shouldn’t be shielded from the consequences of her wrongdoing simply because she was on leave protected by the Family and Medical Leave Act (FMLA) at the time her employer discovered her misconduct.

HealthPartners employed Jennifer Bloom as a certified medical assistant at Coon Rapids Clinic from 2004 until 2012. Before her termination, she used FMLA leave twice for the birth of her two children.

In March 2012, Bloom learned that she was pregnant with her third child. Because she knew that two other employees at the clinic planned to take leave following the birth of their children at approximately the same time, Bloom informed her supervisor about her pregnancy almost right away. Read more.

Leave a Reply

Your email address will not be published. Required fields are marked *