An airline customer service representative had the following attendance record: In 1994, she took five weeks of
Question:
An airline customer service representative had the following attendance record: In 1994, she took five weeks of medical leave to recover from a broken toe; in 1995, she took three months of parental leave from May through July; she also called in sick several times during these two years. In January, 1996, her supervisor had a “corrective action discussion” with her regarding her attendance record. She was told that her attendance would have to improve or there would be consequences. She was absent in February 1996 for medical reasons documented by doctor’s notes. In April 1996, she called in sick for one day to care for her young child who was ill. The airline terminated the customer service representative a week later. The airline said that its decision was based on the absences in 1996 following the corrective action discussion, and not at all on her earlier absences. The airline also said that it applied a rolling twelve-month period measured backward to determine that the woman was not entitled to FMLA leave for her February 1996 absences. The airline’s employee handbook refers generally to employees right under the FMLA to take up to twelve weeks of leave over a twelve-month period, but does not further specify the meaning of twelve-month period. The woman sued. What should the court decide? Why?
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