Always remind employees of their FMLA rights

Some employers are especially generous when it comes to allowing employees time off for illness and other needs. Some even pay employees during their leave and allow them to use accumulated leave that extends far beyond 12 weeks. But that doesn’t mean they shouldn’t also tell employees about their FMLA rights.

Recent case: Melvin Jones worked for the city of Atlantic City and was off work for about six months after he was injured in an automobile accident. His time off ended up being covered by accumulated leave or other employer-provided benefits.

Even so, he sued, alleging no one ever told him about his FMLA rights.

Atlantic City admitted as much, but argued that there was no harm because Jones lost nothing.

The court agreed that the city probably violated the FMLA, but since no harm resulted, Jones received no damages. (Jones v. City of Atlantic City, No. 08-2416, DC NJ, 2010)

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