An employee got time off when her husband had a bone marrow transplant for cancer. The procedure did not go well, and it appeared his illness would go on for a protracted period of time. The employee took more time off to care for him. While she was out, it was assumed she had quit and she was terminated.

   The employee believed her supervisor became unsupportive after she made it known the transplant had failed. The evidence she offered was that her supervisor failed to contradict a statement by another that she could no longer do her job because of her husband’s illness, her supervisor avoided eye contact, her supervisor gave directions through third persons rather than speaking to her directly and her supervisor disregarded her opinions.

   She sued under the Family and Medical Leave Act (FMLA) and the Americans With Disabilities Act. The U.S. District Court for the Eastern District of Missouri threw out the lawsuit.

   The court ruled that an employee’s perception or misperception that a supervisor has an unsupportive attitude is not a violation of the FMLA.

   The court said as a general rule an employee can sue if the employer takes adverse action against the employee for exercising rights guaranteed by law.

   However, this employer did everything it was required to do, the court ruled. After giving her a week off before the transplant, her supervisor said that future leave requests had to be in writing, as an employer can insist under the FMLA. The employer also let her use her option under the FMLA to be paid for two weeks accumulated vacation time while out on family leave for the transplant, rather than taking unpaid leave.

   The employee never expressly asked for anything further, the court said. Wallace v. Health, 36 F. Supp. 2d 892 (E.D. Mo., 1998).

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