Employees who request
But merely asking about leave or requesting paperwork isn’t enough to form the basis of an FMLA claim.
Recent case: Jack Fischer worked as a teacher and has multiple sclerosis. While considering treatment options, Fischer asked an administrative assistant for . He never said he might need time off, and he never actually filled out the forms.
Then Fischer claimed the school district started disciplining him—and he said that was retaliation for asking for FMLA forms.
But the court dismissed his lawsuit, reasoning that merely asking for the forms isn’t a protected activity. (Fischer v. NYC Department of Education, No. 06-CV-3964, ED NY, 2009)
- Pair of cases shows how you can legally use arbitration, but standards are high
- No need to reinstate if disability leave extends past FMLA
- Employee acts as own lawyer? Consider cutting your losses
- Must we turn over personnel records that might compromise an investigation?
- Using GPS tracking devices without violating employee privacy