An employer could place an employee on probation following a series of absences when the employee’s Family and Medical Leave Act (FMLA) certifications were outdated and her call-outs did not comply with her employer’s absence-reporting policies, a federal district court decided.
In 2019, the plaintiff sued her employer, alleging interference with her FMLA rights. The plaintiff had experienced spontaneous flare-ups of leg swelling and pain since 2010 and received 12 weeks of approved intermittent FMLA leave each year. In accordance with the FMLA’s recertification requirements, the plaintiff needed to annually provide her employer with updated medical documentation.
