In today’s economic climate, you might be tempted to forgo hiring a temp to fill in for an employee who’s out on
But what will you do if the employee returns to a huge pile of work left undone during her absence?
Think twice before you tell her to catch up or else. If she has to stay late to make up the work, that could lead to a slew of legal claims: interference, and overtime claims under the Fair Labor Standards Act ( ).
Recent case: Sharlene Kollstedt was a payroll supervisor for a school district. One of her jobs was to handle tasks. Kollstedt was off work for about eight weeks of FMLA leave due to stress she claimed was brought on by a failed attempt to earn a promotion.
When she returned, she found that no one had completed any of her work during her absence. She was informed it was up to her to get caught up.
After working late and on weekends for several weeks, Kollstedt got a appraisal and was terminated. She sued, alleging FMLA violations—plus an overtime claim under the FLSA. The school district claimed she was exempt under the administrative exemption.
The court ordered a trial on her FMLA and her FLSA claims. The school district will now have to defend against the FMLA claims and show that Kollstedt’s responsibilities really did justify the administrative exemption. (Kollstedt v. Princeton City School Board of Education, No. 1:08-CV-00822, SD OH, 2010)
Final note: If an employee will miss crucial work due to FMLA leave, get help. And don’t ever use deadlines missed during FMLA leave as a negative element in a subsequent evaluation.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11281/plan-for-work-pile-up-following-fmla-leave "