Make sure that whoever in your organization handlesand other leave knows to contact HR as soon as a leave request comes in. Then make sure you send out the appropriate along with any other required documents.
Recent case: When Keri developed wrist pains, she contacted the leave clerk, who explained how to request paid short-term disability leave. She did not, however, say anything about protected. Keri took the paid leave, but was fired when her time was up.
Keri sued, alleging she should also have been considered for FMLA leave. Her former employer argued that she only asked about paid leave, so it had no obligations under the FMLA.
The court ordered a trial to determine if the employer was on notice Keri might be eligible for FMLA leave, too. (Towns v. Northeast Mississippi Electric Power Association, No. 11-60573, 5th Cir., 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employee reporting medical problems that could warrant FMLA? Get more details
- Should we send FMLA forms to employees who are ineligible for FMLA leave?
- Feel free to make routine shift changes--courts won't consider that evidence of retaliation
- An honest mistake won't sink you