In a recent ruling on February 28 by the 7th U.S. Circuit Court of Appeals, employers are reminded of the need to potentially adjust their performance expectations for employees who avail themselves of leave under the Family and Medical Leave Act (FMLA), especially when such leave results in reduced working hours. This decision emerged from a lawsuit, Wayland v. OSF Healthcare System, involving an Illinois healthcare system and its training manager who took FMLA leave during a period of significant organizational expansion.
The core of the dispute revolved around the amount of FMLA leave taken by the manager and her subsequent termination for alleged performance issues two months post-leave. The 7th Circuit emphasized that if it were determined that the manager was only able to work 80% of her usual schedule due to FMLA-protected leave, then expecting her to meet full-time workload demands could be seen as a denial of the FMLA benefits she was entitled to. This interpretation sets a precedent for adjusting workload expectations to account for approved FMLA absences, thereby avoiding what could be seen as interference with an employee’s rights under the statute.
This case underscores a critical compliance aspect for HR professionals, highlighting the delicate balance between maintaining performance standards and respecting employee rights under FMLA. Employers must navigate these waters carefully to avoid unlawfully penalizing employees for taking FMLA-protected leave. This can include adjusting long work shift expectations for employees who are temporarily unable to meet such demands due to FMLA-qualifying conditions.
During the trial phase, significant attention will be paid to the actual duration of FMLA leave taken by the manager and the expectations set by her employer during her absence. Her claim suggests that the employer’s insistence on achieving 100% of the workload in only 80% of the available time constitutes interference with her FMLA rights and possibly retaliation post-leave.
The case sent back for trial, will require a jury to delve into these complex issues, considering whether the healthcare system’s actions were justified or if they indeed interfered with the manager’s FMLA rights and retaliated against her for taking leave. This scenario highlights the ongoing challenges employers face in aligning operational demands with legal obligations under the FMLA, illustrating the importance of flexibility and clear communication in managing employee leave and performance expectations.
