Introduction
The Family and Medical Leave Act (FMLA) in the U.S. entitles most employees to have job-protected leaves when necessary. It also forbids discrimination and retaliation against an employee who has exercised or sought to utilize the FMLA rights by the employer.
Discussion
Furthermore, employers are prohibited from using employee implementation of FMLA leave when making important decisions such as promotion, hiring, and disciplinary actions like firing employees. Therefore, the Massachusetts Water Resources Authority broke the law when it denied DaPranto the right to travel while on paid leave under the FMLA (DaPranto v. MWRA, 2019). Although he could drive, walk, and carry bags around, DaPranto’s doctor had concluded that he was extremely ill and incapacitated. In addition, before deciding to fire DaPranto, the HR director should have spoken to the management or consulted with the employee’s doctor. Therefore, I agree with the jury’s decision to award DaPranto compensatory damages for mental distress, front pay, and additional compensation.
In most cases, employees with a serious illness or disability are required to take some time off to relax as they recover. Thus, while the family and medical leaves are included in the FMLA, vacation time should also be considered. Covering vacation under FMLA would minimize possible employee discrimination and punishment for exercising their right to go on a holiday while still on FMLA-protected leave. Sudden termination of employment of such individuals may result in emotional anguish, and financial constraint as their main source of income is compromised. Trying to recover from this loss may be exhausting as it might take time for the individual to acquire a new job.
Conclusion
In addition to all these impacts, DaPranto’s case of his job termination also cost him his pension (DaPranto v. MWRA, 2019). Therefore, the huge compensatory damages for his emotional anguish by the jury, along with back and front pay, were necessary.
Reference
DaPrato v. Massachusetts Water Resources Authority, 482 Mass. 375 (2019) Web.