• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Afraid you miscalculated FMLA eligibility? Act immediately to correct your mistake

by on
in FMLA Guidelines,Human Resources

The FMLA is difficult to administer, especially now that it has been amended to include additional time off in connection with military service. Plus, new FMLA regulations make more workers eligible for leave if they care for a child.

Rest assured that if you promptly fix an innocent mistake when it’s brought to your attention, you won’t be automatically liable for FMLA interference.

Recent case: Penny took FMLA leave and returned before exhausting her 12-week entitlement. A few weeks later, she received a notice erroneously stating she had no more FMLA leave available. Shortly afterward, she was terminated.

She sued, alleging that because her employer wrongly stated she had no more leave, it violated the FMLA.

The court essentially said, “No harm, no foul.” Penny didn’t need FMLA leave after she returned. Therefore, it didn’t matter whether she had leave or her employer was mistaken. (Denton v. Fairfield Medical Center, No. 2:11-CV-0716, SD OH, 2012)

Final note: Of course, if Penny had requested leave after her return and been turned down when she really did have leave available, then her lawsuit would have had merit. Still, the employer would have had a chance to fix its error.

Advice: Before terminating an employee because you believe she doesn’t have FMLA leave available, do two things. First, double-check her FMLA eligibility. Then consider whether her condition might be an ADA disability—and whether extra time off might be a reasonable accommodation.

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/32143/afraid-you-miscalculated-fmla-eligibility-act-immediately-to-correct-your-mistake "

Leave a Comment