Four formal warnings for deficient attendance

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Reference no: EM133813793

Question

Linda Collins worked for Bowers Corp. for several years; in the past year, she had received 12 informal and four formal warnings for deficient attendance. Shortly after receiving the latest warning, she called in sick for two days. She simply informed her employer that she was "sick"; she did not provide any additional information or describe the nature of her sickness. Because of her prior attendance problems, Collins's employer fired her. She then filed suit under the FMLA, offering evidence that she suffered from depression and was being treated by Dr. Ronald K. Leonard. Dr. Leonard testified that Collins is incapacitated by depression between 10 and 20 percent of the time, and that episodes may occur without warning. The employer claimed that the notice given by Collins was not adequate to trigger protection under the FMLA.

Has the employer violated the FMLA by firing Collins? Explain your answer.

Reference no: EM133813793

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