October 2018

  The CNA was told she could not return to work after her approved Family and Medical Leave Act (FMLA) leave until she met with her supervisor.  However, despite repeated requests the supervisor did not make herself available.  When the CNA did not return to work it was wrongly assumed that she had voluntarily quit her job. UNITED STATES DISTRICT COURT MARYLAND September 7, 2018

  A certified nursing assistant (CNA) got permission for a day off to care for her ailing mother, then phoned her supervisor for the next day off when it became necessary to take her mother to the doctor.  The CNA was never able to return to work.  After she lost her job she sued her former employer for interference with and retaliation for exercising her rights under the US Family and Medical Leave Act (FMLA).

  The US District Court for the District of Maryland upheld her right to sue.  The right to return to work after medical leave for an employee’s own or a close family member’s serious medical condition is a vitally important right guaranteed by the FMLA.  The CNA came to court with recordings of voicemails her supervisor left on her phone.  The voicemails confirmed her supervisor approved both days off and at least three times told her she could not return to work until she met with her supervisor.   The Court accepted the CNA’s testimony that she tried to reach her supervisor to set up such a meeting, but was ignored. Williams v. Health, 2018 WL 4282365 (D. Maryland, September 7, 2018).

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