Employees who take FMLA don’t get extra protection from discipline or terminations — but that doesn’t mean none of them will try.

In one recent case, a department manager told the company he’d need time off for an operation scheduled later in the year.

But before the time came, he was terminated.

The company discovered an employee working under the manager had embezzled $500,000 over the course of five years. After an investigation, the employer concluded the manager’s lax oversight allowed it to happen and fired him.

He sued, claiming he was let go in retaliation for his FMLA request.

The court didn’t buy it. As the judge said, the employee “should not automatically be granted some greater degree of protection from termination simply because he happened to have requested FMLA leave.”

The company’s decision was sound — and documented — and the case was thrown out.

Cite: Edwards v. Harleysville National Bank

Tags: embezzlement, FMLA