Judge Says Worker Who Had Virus, Told To ‘Just Push Through It’ Has FMLA Claim

A former insurance sales agent in Florida who alleged that his supervisor told him to “just push through it” if symptoms from a viral infection recurred and who returned to work two weeks early from medical leave because he purportedly feared losing his job has a triable Family and Medical Leave Act interference claim, the U.S. District Court for the Middle District of Florida ruled Aug. 16 (Brown v. Lassiter-Ware, Inc., M.D. Fla., 6:11-cv-01074-CEH-DAB, 8/16/13).

Denying summary judgment to Lassiter-Ware, Inc., Judge Charlene E. Honeywell found that a jury must resolve a factual dispute as to whether ...