Some workers decide to provide notice that they’ll needlong before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.
Recent case: Emergency room nurse Lisa Skirpan told her supervisors she would needleave for surgery “in a year or so.” Then she was fired for refusing to come in while on call. She sued, alleging FMLA interference.
The hospital urged the court to throw out Skirpan’s case because she wasn’t eligible for FMLA leave when she announced her need for it. The court did dismiss the case, but for a different reason: Skirpan couldn’t prove her firing was about anything other than insubordination.
However, the court did note that employers must calculate FMLA eligibility based on the actual start of FMLA leave. (Skirpan v. Pinnacle, No. 107-CV-1703, MD PA, 2010)
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/12758/calculate-fmla-eligibility-based-on-date-leave-begins "
- Start accommodations process when FMLA expires
- Close scrutiny after FMLA leave can spell trouble
- Political Expression at Work: Limit Distractions, but Allow Free Speech
- Punishing worker for loud complaint: Retaliation or legit insubordination penalty?
- Suspect doc is a 'certification specialist'? Ask for second and even third opinions