Page 31 - MetalForming March 2010

reviews, and in 2005, a withdrawal of a promotion recommendation due to her absenteeism. Meetings were held with supervision and the employee about this lingering situation.
In September 2005, a manager informed Long that she might be eligi- ble for FMLA leave. Long then applied for intermittent FMLA leave under the FMLA for tennis elbow and later for an additional medical condition. The employ- er approved her request for FMLA leave in October and instructed Long to noti- fy her supervisor when she would be absent because of her medical condition. She then informed her employer that six absent days in October, eight days in November and one day in January 2006 were designated as FMLA leave. She also was absent nine days in December and five days in January. The case record indicated those absences were not FMLA-related or protected.
When the absences and perform- ance problems continued a manager who didn’t know about her FMLA leave made the decision to terminate her.
Long filed suit, claiming retaliation for taking FMLA-protected leave. The Federal Appeals Court sided with the employer, stating that Long’s performance deficiencies were documented before she took leave, the termination decision- maker didn’t know of her FMLA leave, and she had numerous absences that were unprotected, allowing her no greater right to continued employment.
Maybe this case is a reflection of the concept: “Look, we need her here and working. She can’t do her job if she’s not here.” Put another way: Employees tak- ing intermittent FMLA leave are not protected from termination if docu- mented poor perfomance and unpro- tected absences would otherwise justi- fy termination.
Three Queries on the Facts
Would the result have been different if: • The manager who terminated the
employee had known about her FMLA leave and excused absences?
• The ex-employee had sought to cover all of her absences in November through January as FMLA-related?
• The employer had not specifically
For over 60 years, Stainless Sales Corporation has supplied the finest stainless steel strip coil to the transportation, medical and consumer goods markets.
instructed the employee to notify her supervisor when she would be absent because of her medical conditions?
Julie S. Long v. Teachers Retirement System of the State of Illinois, No. 0803094 (7th Cir., Oct. 23, 2009) MF
Flat - rolled stainless steel

Company facts:

www.metalformingmagazine.com
METALFORMING / MARCH 2010 29
888.863.6411 StainlessSales.com