Following the letter of the law doesn´t necessarily enhance the employee/
employer relationship. In a classic case of misguided focus, Schuller International, Inc. fired one of its employees who missed seven days of work after her mother died. The company HR executive felt that her request for time off didn´t fall within the Family and Medical Leave Act (FMLA) because she claimed that she didn´t want to come to work and was having difficulty sleeping.
Even though her physician stated that she needed time off and counseling, she was terminated for excessive absenteeism. After a series of appeals, the company sued to determine whether or not the FMLA covers her absences.
Even if Schuller wins the lawsuit, it´s lost the war by sending the message that "we really don´t care how our employees feel over the loss of a loved one." If it were our company, we´d give people reasonable bereavement leave, whether required by the FMLA or not. The reality that employees who come to work depressed won´t be productive means a business would be better off hiring a temp or shifting job duties while the worker is absent. However, the company is entitled to a clear understanding of the employee´s medical status so that it can make reasonable adjustments during their absence.
Williams v Schuller Int. 6th Circuit Court of Appeals 00-3614 (2002)
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