Employees who need
That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort. After all, you’re in the best position to decide whether the health problem is a serious health condition under the —and know how to request appropriate medical certifications.
Recent case: Anthony Modaffare was fired for missing too much work. When he sued for alleged FMLA violations, he explained to the court that his supervisor had rejected his request for time off to see a psychiatrist. Modaffare said he told the supervisor he was anxious and couldn’t sleep because he was getting divorced.
The court said the case could go forward because Modaffare had given his supervisor enough information to trigger the company’s FMLA obligations. The company should have told Modaffare how to apply for FMLA leave, but did not. (Modaffare v. Owens-Brockway Glass Containers, No. 08-CV-2855, ED PA, 2009)
Final note: Be sure to cover the FMLA in your supervisor training programs. They must understand that it’s up to HR to approve or disapprove all leave requests that may involve a serious health condition. Supervisors should always err on the side of caution. The HR office can check eligibility (hours and years worked, etc.) and make the final decision.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Document reason for termination to make sure courts don't second-guess your decision
- Duane Reade settles sex harassment lawsuit
- You don't have to pay all managers equally unless jobs are substantially similar
- Limping employee not ensured NJLAD protection