Employer terminates worker before end of FMLA leave

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Abstract: In New York, a worker was terminated before she’d exhausted her 12 weeks of FMLA leave. The twist: Her doctor had already concluded that she’d have been medically unable to return to work until after the leave ended. Her lawsuit alleged that she’d been denied her substantive rights under the FMLA and had been retaliated against for asserting those rights. The Second Circuit examined her claims. Roberts v. The Health Association, 308 Fed. Appx. 568 (2d Cir. N.Y. 2009)