• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

FMLA: It’s not your job to decide whether relative needs your employee’s help

by on
in FMLA Guidelines,Human Resources

The FMLA provides leave for employees who need to care for seriously ill family members. Some employers argue that if several family members are providing care, they don’t have to approve FMLA leave if that means more than one family member would be present. That argument won’t fly.

Recent case: Jerry Romans worked at a juvenile detention facility. His mother was hospitalized for cancer and was expected to die soon.

Toward the end of a shift, Romans’ sister called to tell him she expected their mother to die that night. She asked him to come to the hospital, so the two of them could make care decisions, including whether to cut off their mother’s life support.

Romans told his supervisor he needed to leave to care for his dying mother. The supervisor told him that he needed to stay and work a second shift since another employee had just called in sick. Romans arranged for a substitute and left despite orders to stay.

Romans went to the hospital, but worried that he would lose his job. Instead of seeing his mother, who died, he returned to work. Then he sued, alleging interference with FMLA leave.

The employer argued he wasn’t entitled to leave since his sister was already present at their mother’s bedside. The court disagreed and said that under the circumstances, Romans should have been granted leave immediately. (Romans v. Michi­­gan, No. 10-2174, 6th Cir., 2012)

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/30452/fmla-its-not-your-job-to-decide-whether-relative-needs-your-employees-help "

Leave a Comment