Family Medical Leave Act claim upheld by Sixth Circuit
Deborah Branham was terminated from her job as a receptionist by Gannett Satellite Information for "excessive absenteeism." She filed a FMLA claim against the employer, however, it was dismissed by the trial court. The employer and the lower court cited a return-to-work certification that would have required Branham to return to work before she actually did, and Branham's failure to file a revised certification on a timely basis. The Sixth Circuit, after analyzing the facts, ruled that Gannett had been premature in firing Branham prior to the filing of a Nurse Practitioner's certification justifying the absence. The revised certification was received by the employer the day after her termination.