Employers in Florida must take meticulous care when creating employee handbooks and instructing managers to uphold the legal rights of employees. This encompasses adherence to an array of federal and state civil rights statutes, including the Family and Medical Leave Act (FMLA). Under this legislation, employees are entitled to a specific allotment of unpaid leave annually to address a severe medical condition affecting either themselves or an immediate family member.
However, FMLA entails more than merely approving leave. An employee must have the opportunity to resume their previous position—or a comparable one with identical pay and benefits—upon returning from leave. Essentially, demoting or reducing the compensation of an individual for utilizing FMLA rights is prohibited. Such actions are viewed as unlawful retaliation, and as the employer, you could potentially face civil penalties if the employee pursues legal action.
Despite an employee’s entitlement to FMLA rights, the law does not prohibit an employer from implementing disciplinary measures—such as dismissal—for valid business justifications. A recent ruling by the U.S. 11th Circuit Court of Appeals, exemplified by Jones v. Aaron’s Inc., provides a useful example. Although originating in Georgia, decisions made by the 11th Circuit concerning FMLA are similarly authoritative within federal courts in Florida.
In this instance, the plaintiff served as a customer service representative for the defendant, a prominent national retail corporation. Following a non-work-related injury, the plaintiff sought and was granted around two weeks of FMLA leave. However, upon the plaintiff’s return, her supervisor decreased her working hours from full-time to part-time. The plaintiff voiced concerns regarding the reduction in hours and pay, prompting management to eventually reinstate her schedule to its pre-leave status.
The plaintiff’s injuries necessitated adhering to specific medical work limitations, which her immediate supervisor agreed to accommodate. However, upon being assigned to a new manager who was apparently unaware of these restrictions, the plaintiff was tasked with duties exceeding her medical capabilities. Additionally, this manager made derogatory comments about the plaintiff’s physical condition in the presence of other employees. Upon the plaintiff’s complaint to human resources, they informed the manager of the medical restrictions, which were subsequently acknowledged and agreed to be followed.
Despite attempts to resolve conflicts, tensions persisted between the plaintiff and the manager. Eventually, the defendant terminated the plaintiff’s employment citing various acts of “insubordination,” which included making racially charged remarks about the manager, who was an African-American, and departing from the store during her shift.
Following these events, the plaintiff filed a lawsuit against the defendant in federal court, accusing them of disability discrimination and interfering with her FMLA rights. Initially, the trial court dismissed the plaintiff’s entire lawsuit. However, the 11th Circuit revived her FMLA claims, citing the failure to reinstate the plaintiff to her pre-leave hours as a possible instance of FMLA interference. Despite this, the appeals court concurred with the trial judge that the plaintiff’s disability discrimination claim lacked merit, as the employer provided a valid reason for her termination.