It may seem clear to you that an employee with a minor medical problem isn’t eligible for. But that doesn’t mean the employee won’t sue if you turn down her leave request.
That’s why you must be prepared to explain your decision.
Note: It’s worth remembering that there is personal liability forviolations, so don’t make the decision lightly, either. Know your responsibilities under the law—and insist that all the managers in your organization follow the law.
Recent case: Linda Satterwhite worked for a Walmart retail store until she was fired for poor attendance. The problem: She followed her doctor’s instructions to not go to work until a staph infection in her finger healed. Satterwhite has diabetes, which impairs healing, and her doctor was worried that if she returned to work too early, she might become infected again.
Satterwhite had requested FMLA leave, but her request was denied and she was fired. She sued.
The court said her case will go to trial. Walmart will have to show that she didn’t have a serious health condition, which may be difficult without a medical certification. (Satterwhite v. Wal-Mart, No. 5:11-CV-363, ED NC, 2012)
Final note: The safest approach is to always request a medical certification before denying an FMLA request, even if you are sure the employee doesn’t have a serious health condition. If the certification comes out as you suspect, then deny the request. If you don’t agree with the certification, you can request—and pay for—a second opinion. If the two opinions don’t agree, you can get a third, tie-breaking assessment.
The simple act of getting certifications protects you from later claims that you violated the FMLA by rejecting the request.
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/30307/document-why-you-denied-fmla-leave-request "
- Unable to work, ineligible for FMLA? You may be able to fire
- Act quickly to bring back injured employees
- Returning temps and the FMLA: What are our obligations as the client company?
- It all depends on what the meaning of the word 'Involved' is
- When employee returns from FMLA leave, ensure position is truly equivalent to former job