Swift Pork Co. must face trial on whether it fired a skilled mechanic because he left work in the middle of his shift to take care of his wife, who had severe heart disease, a divided Eighth Circuit ruled Wednesday.
The former employee had just returned from several weeks of leave for his own medical condition when he opted to use time off under intermittent leave he’d been granted under the Family and Medical Leave Act for his spouse’s serious medical condition, the 2-1 panel said. According to the company, a subsidiary of
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