Employees who take
Recent case: Milton Harris worked as a teacher and a basketball coach. He was paid a separate 12% supplement for his coaching duties for each full year he coached.
Harris developed prostate and heart problems, and he missed the first half of the basketball season on leave. Because the school district offered paid leave for teachers taking FMLA leave, he received his full regular pay during his absence. Due to an accounting error, he also received his coaching supplement.
When he returned, the school district reinstated Harris to his teaching and coaching positions—and then noticed the pay mistake. It cut his supplement to 6%, reasoning that he coached only half the season and therefore was entitled to only half the regular supplement. Since he had already been paid 12% during the absence, cutting him to 6% was a way to recoup the mistake.
He sued, arguing he should have received the full 12%.
The court sided with the district and noted that he had been reinstated to all his duties and responsibilities, with pay equal to what he would have received if not for the mistake. (Harris v. Nashville, No. 08-6329, 6th Cir., 2010)
- Cut slack on notification requirement when emergency clearly signals FMLA need
- Stray From Progressive-Discipline Policy at Your Own Risk
- Can you fire a poor performer who's on FMLA leave?
- How brief a time increment must we use when granting FMLA intermittent leave?
- For hourly employees, unauthorized extra time counts toward FMLA eligibility