Session 2
Active Leave, Return to Work & Termination Decisions
Tuesday, July 14, 2026
1:30–3:30 PM CT · 2:30–4:30 PM ET
The trickier half of the lifecycle — what happens once the leave starts. Three real cases on what gets said mid-leave, what gets missed in the paperwork, and the terminations that end up in front of a judge.
The cases
Ziccarelli v. Dart · Seventh Circuit, 2022
"Don't take any more FMLA. If you do, you will be disciplined." One sentence from the leave manager — no leave denied, no discipline issued — and a 27-year employee's interference claim was headed for a jury. What your team says matters as much as what it does.
Donald v. Sybra · Sixth Circuit, 2012
Fired the day she returned from medical leave. The timing looked terrible — and the employer won anyway. The honest belief rule, the documentation that backed it up, and why this is the termination playbook worth knowing cold.
Ragsdale v. Wolverine · U.S. Supreme Court, 2002
The employer gave her 30 weeks of leave — more than double what the law required — and one designation misstep still dragged them to the Supreme Court. Being generous doesn't protect you. Tracking does.
What we'll get into
→ Leave designation and tracking — the mistakes that turn generosity into liability
→ What managers and HR can and can't say to an employee on active leave
→ When termination during or after a protected leave is legally defensible
→ Return-to-work documentation that protects against "regarded as" claims
→ Open attorney Q&A — bring your return-to-work, light duty, and workers' comp questions