State employees can’t double-dip on FMLA claims — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

State employees can’t double-dip on FMLA claims

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in FMLA Guidelines,Human Resources

Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.

Recent case: Stefano, a welfare caseworker, injured his leg in an accident at home. He took FMLA leave for surgery and recovery.

During his absence, however, his supervisor discovered problems with his caseload and files. He was suspended and eventually fired. He appealed the decision through the

Civil Service process, alleging FMLA violations. After losing, he filed a federal FMLA lawsuit.

The court said he couldn’t have two bites at the apple. If he raised the FMLA earlier, he couldn’t do it again. (Kiniropoulos v. Northampton County, No. 11-6593, ED PA, 2014)

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