Here’s a reminder that HR needs to do everything in its power to get
If you turn down an FMLA request and then punish the employee for missing work, she could sue, claiming she was retaliated against for requesting in the first place.
Reversing the original FMLA decision won’t end the case.
Recent case: Patricia Boker worked for the IRS. Her asthma flared up, but her request for FMLA leave was denied. When she took time off anyway, the IRS deemed her absent without leave.
She sued, alleging retaliation for asserting her . The IRS then reversed the decision retroactively.
But the court said her retaliation case could continue because a reasonable person might be dissuaded from asking for FMLA leave if she believed she might be punished for doing so. (Boker v. Department of the Treasury, No. 1:07-CV-00446, SD OH, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Keep lawsuit clock on your side: Make sure employees know exact date of employment action
- Administration to extend FMLA rights to all same-sex spouses
- Federal employment bias claims may be subject to grievance arbitration
- Make sure investigation process doesn't defame employee