A domestic worker who injured her knee and was fired after failing a test to leave her job may be entitled to sick leave under the Federal Family and Medical Leave Act, a court of federal appeals ruled Tuesday.
2016 Noorjahan Ramji seriously injured her knee while working for hospital management, who told her "nothing about her rights under the FMLA, instead treated the injury only as a compensation for workers' compensation", according to document Noorjahan Ramji v. Hospital Housekeeping Systems LLC, filed the 11th United States Circuit Court of Appeals in Atlanta.
After a few days off and a temporary light assignment, Ramji received medical permission to resume his regular service. But before hospital care could allow her to do so, she first had to pass a significant functional test, which required her to complete certain physical tasks that the doctor who cleaned her did not advise according to documents.
“Among other things, Ramji must repeatedly participate in deep squats and bend to one knee. Although Ramji was able to perform several of these exercises, she began to experience pain in her injured knee before completing them all, ”the documents state. As a result, Ramji failed the test, so hospital management released her.
"At no time before hospitalization did Ms. Ramji dismiss the hospital, did the hospital advise Ramji on her rights under the FMLA or did she give Ramji an opportunity to take twelve uninterrupted weeks to rehabilitate her knee, even though the FMLA entitled her to that relief," it states. that in the document. Ramji brought an action for interference with his FMLA rights. At the district court, the parties submitted a coercive proposal for a summary judgment, in which hospital management partly tried to avoid liability under the FMLA by pointing out that it followed its employees' liability for compensation.
The District Court issued a summary judgment in favor of Hospital Management and wrote that Mrs Ramji's doctor had cleared her of work with a 0% disability and that “due to these circumstances the District Court reasoned that Hospital Management could not be expected to conclude that she was entitled to any leave under the FMLA,
the Board of Appeal reversed and was remanded in custody and wrote that employers "are prohibited from intervening, restricting or denying an employee's efforts to exercise any FMLA right" and that "providing compensation to employees cannot exempt an employer from all obligations under the FMLA. "