Fired after using FMLA leave? Expect lawsuit.

If an employee takes FMLA leave and can't return to work once she's used it up, some employers assume they can fire her. That might be legally defensible if she's not disabled and thus possibly entitled to extended leave as a reasonable accommodation.

But what if she has already returned to work and a few days later takes another day off? Firing her while referencing use of FMLA leave may trigger a retaliation lawsuit.

Recent case: Heather worked as a residential care attendant and certified...