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Fifth Circuit Finds Employee Who Left Drug Rehab Not Entitled to FMLA Protection
HR Daily Advisor
Aug. 25, 2013 "[An] individual's right to reinstatement under FMLA is not unlimited, the [Fifth Circuit] said. That right can be overridden by an employer's prerogative to terminate an employee for 'otherwise appropriate' reasons, such as violating the workplace policy requiring him to complete addiction treatment ... No reasonable jury could find that [this employee] was denied reinstatement for any reason other than his refusal to continue his FMLA leave period for the express purpose for which it was taken -- completing his drug treatment[.]" [Shirley v. Precision Castparts Corp., No. 12-20544 (5th Cir. Aug. 12, 2013)] MORE >> |
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