While employees are off work on
Not necessarily, as the following case shows.
Recent case: Monica Devine underwent fertility treatment and became pregnant with twins. She took FMLA leave from her job as an insurance agent for Prudential, where she had a small office space in a room that doubled as the break room.
Devine claimed that when she returned to work, she discovered that her files and belongings had been relegated to the basement. She quit and sued, alleging the change in her office was a denial of her right to return to the same or an equivalent position.
No dice, concluded the trial court. Rearrangement of office furniture and files is not the sort of thing the FMLA meant to cover. At best, the changes were minimal.
It dismissed the case. (Devine v. Prudential Insurance, No. 03-3971, DC NJ, 2007)
- Don't blow off legal papers unless you're prepared to personally pay back wages
- Time off for binge drinking doesn't qualify for FMLA leave
- Beware of sick leave policies that allow pay reduction of exempt
- Always remind employees of their FMLA rights
- Leave policy goes above and beyond FMLA? Make sure court sees your generosity