Sarah has recently been diagnosed with a chronic health condition that causes severe fatigue and occasional mobility issues. Her doctor recommends that she take 2 days off per week for treatments and recovery for the next three months. This is known as intermittent Family and Medical Leave Act (FMLA) leave.
Sarah submits her FMLA paperwork to human resources (HR). Her manager, Robert, initially approves the request but then informs Sarah that she must come into the office on the 3 days per week that she is working, rather than working from home like her colleagues. Robert claims that he needs to directly supervise employees who are on intermittent FMLA leave to ensure productivity.
Sarah points out that she has been successfully working from home for months, her performance metrics have remained strong, and coming to the office would make her medical condition worse because of the commute to the office. Robert says that this is company policy for anyone on FMLA leave. When Sarah continues to work from home on her non-FMLA days, she receives a disciplinary warning, even though she was meeting all of her performance targets.
Since FMLA was enacted in 1993, the workforce has evolved. Many FMLA cases are won by the side with the most logical and legal justification of their actions.
- What argument might Sarah use to support her view that TechSupport Inc.’s requirement that she work in the office while on intermittent FMLA leave violates FMLA?
- What FMLA provisions might support TechSupport Inc.’s right to require that Sarah return to the office during her 3 workdays?
- What potential damages or remedies might Sarah be entitled to if she files a successful FMLA claim?
- What steps should Sarah take to protect her rights in this situation?
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