Question

Jack works as a mechanic in No Limits Inc., an automobile manufacturing company. While employed as a service technician for the defendant, Jack suffered back injuries in March 2005 and April 2005. Though he applied for leave, he did not undergo any medical treatment and did not provide an injury report in writing. Jack was absent through the month of June, calling in sick each day without providing any other information and not seeking medical treatment during this time. As Jack had exhausted his available sick leave and vacation leave, he was terminated when he returned to work on July 3, 2005. Can Jack sue his former employer for violating the Family and Medical Leave Act (FMLA) by failing to reinstate him in the company?

Answer 1

As in the case, it is clearly mentioned that no medical treatment was taken by the employee and he was unable to provide any medical reports in order to support the injuries and medical treatment undergone, thus Jack does not have any ground to sue the employer.

As per FMLA, the words of the employee is not sufficient to grant the leave under FMLA. This can be quite tricky as the law does not require a person to show the proof of leave request. But in case of FMLA, if the employee is looking for the leave, he or she has to provide medical certification of the condition from a health service provider and this has to be submitted within five days of an employee requesting FMLA leave. If the employer does not request for the certification even then the employee has to do it within 15 calendar days.