It is undoubtedly a bad idea for a manager to harass an employee each time she takes leave under the Family and Medical Leave Act (FMLA). But if the employee takes leave each time necessary, such alleged harassment, even if it is perceived a discouraging additional leave, is not illegal—as discussed in the recent decision, Hernandez v. Temple University Hospital, No. 17-4381 (E.D. Pa. Jan. 8, 2019).
Employee’s Daughter With Asthma
Nancy Hernandez was a medical secretary in the cardiology department at Temple University Hospital from July 2008 until her termination in September 2016. Throughout her employment, Hernandez requested, and Temple approved, numerous periods of intermittent or continuous leave to care for her daughter, who suffered from severe asthma. In February 2016, Temple approved Hernandez’s request for intermittent leave of two to three absences per month with each episode lasting no more than four hours.
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