If you don’t train supervisors to immediately forward allrequests to the HR office, you may find your organization on the losing end of an FMLA-interference lawsuit.
An important new court ruling shows it doesn’t matter whether the employee’srequest eventually is approved or even if the leave is allowed pending final FMLA approval. It also doesn’t matter whether the supervisor’s intentions were innocent. The processing delay trumps all good intentions.
Advice: Train every manager about the FMLA. Insist that they promptly bring all requests for time off that may possibly be covered by the FMLA to HR’s attention. Remind managers to listen closely—FMLA requests can be oral and don’t need to include the words “FMLA leave.”
Recent case: Tabitha Mueller, a banker with JPMorgan Chase, had a child with diabetes who often needed medical care. Mueller’s boss—who lacked training in the FMLA—frequently commented about the amount of time she took off to care for her son.
When Mueller asked about FMLA leave, her boss didn’t request the paperwork from HR for two months. He did, however, allow her the time off. HR approved the leave but applied it retroactively. After Mueller was fired for an unrelated reason, she sued.
The court ordered a trial based on the two-month delay. The court wrote that “even where an employee’s FMLA leave is eventually approved, an employer’s delay … constitutes a violation.” (Mueller v. JPMorgan Chase Co., No. 1:05-CV560, ND OH, 2007)
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/3503/act-fast-on-fmla-leave-requestsdelay-triggers-a-violation "
- Understanding religious accommodations in Pennsylvania workplaces
- Document good faith when disciplining for rule violation
- Lawsuit-free hiring: The 5 laws you need to know & 4 steps you need to take
- Be ready to justify different punishment for like offenses
- 'Invisible Bracelet' is Oklahoma's newest benefit