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
- OK to lay off worker who took FMLA leave as long as that's not a factor in the decision
- Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?
- Sick Leave and the FMLA: Should You Call Off Your Call-in Policy?
- Ensure FMLA status won't affect firing decision