Issue Whether Employee's Unusual Behavior Provided Notice Of Need For FMLA Leave
In
this suit alleging that plaintiff's employer had notice that she was suffering
from a serious health condition and thus violated the Family and Medical Leave
Act (FMLA) when it terminated her employment, the 7th Circuit held
that genuine issues of material fact existed
regarding whether: (1) the employee suffered from a "serious health
condition" under the FMLA; and (2) the employee's
unusual behavior provided her employer with constructive notice of her need for
FMLA leave. The unusual behavior began after a stray dog climbed through a
window and entered the work place. The behavior consisted of lengthy encounters
of yelling and swearing at her superiors, agitation, and calling the police
because her belongings were moved to another desk.
Stevenson v. Hyre Elec. Co.
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.