Lewis worked as a bookkeeper for the school district without a problem until 2004. During that year,

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Lewis worked as a bookkeeper for the school district without a problem until 2004. During that year, both her parents became terminally ill and she tried to care for them at home. Her father died in May, and her mother came home from the hospital a week later. Lewis’s boss gave her permission to take time off to care for them and to work from home when she could. She missed 72.5 days of work, and other employees had to alter their schedules to cover for her. During a school board meeting to discuss salaries, her boss said the office didn’t function smoothly without her being there and suggested a smaller raise for her. 


It was suggested they start looking for a new bookkeeper, but instead he wrote her a letter saying she should resume her regular schedule at the beginning of the school year. However, she missed 6 of 20 days in September and 7 of 20 in October. At the October board meeting, her boss said there were problems in the office, including a late tax payment and a problem with a credit check. Instead of firing her for absenteeism, they gave her intermittent FMLA leave, during which time she could set her own schedule but had to perform all her bookkeeping duties. Despite all the problems, the district never sought part-time help. 


In November there were still problems, and a board member suggested she be fired and expressed disdain for the FMLA. In March the superintendent recommended she be replaced, and the board approved. She was given the choice to resign with paid insurance to the end of the school year or be permanently demoted to teacher’s aide but paid her current salary until the end of the year. The letter said, “It was determined that you miss too much work to meet the essential functions of your present assignment.” Lewis sued under the FMLA. Did the school district violate the FMLA? Explain.

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Related Book For  book-img-for-question

Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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