A night dispatcher for a trucking company with several hundred employees took medical leave to recover from

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A night dispatcher for a trucking company with several hundred employees took medical leave to recover from a serious operation for a heart problem. He had worked at the trucking company for a number of years and was a “rotational employee.” His normal work schedule was twelve-hour days, with seven days of work followed by seven consecutive days off. Thus, he normally worked every other week. On December 26, after he had been on medical leave for twelve weeks, the company informed him that he was being terminated for exceeding the leave allowed under the company’s medical leave policy. The man’s doctor cleared him for a return to work on December 28. However, the employer refused to rescind the termination. He sued. What should the court decide? Why?

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