The employee was absent 11 times from November through May, but her FMLA for that period was never approved. (Image: iStock)
When an employee seeks leave under the Family and Medical Leave Act, or when she seeks a reasonable accommodation under the Americans with Disabilities Act, the critical component for success is the same: communication. Whether it is completing the requisite FMLA forms or providing information as part of the ADA's interactive process, both the employer and employee need to clearly provide information necessary to help the other make decisions. In the recent decision of Watson v. Drexel University, No. 19-1027, 2020 U.S. Dist. LEXIS 177329 (E.D. Pa. Sept. 28, 2020) (Robreno, J.), the court addressed how an employee's failure to provide all of the information required by the FMLA led to her legally supported termination.
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