When employee has FMLA history, beware punishing for suddenly going home — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

When employee has FMLA history, beware punishing for suddenly going home

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in FMLA Guidelines,Human Resources

It’s almost always inconvenient to have an employee suddenly leave in the middle of a shift. But if the under­­lying reason is an FMLA-covered con­­dition and he gave you enough information to make you realize the time off might be covered by the FMLA, think twice before punishing the early departure.

Don’t, for example, suspend him for leaving. Instead, ask for a proper FMLA certification, following your usual deadlines. Otherwise, you may end up on the losing end of a lawsuit claiming you interfered with his FMLA rights.

Recent case: Kenneth worked as a corrections officer for the commonwealth of Pennsylvania. His job was stressful and included accounting for all prisoners, managing other corrections officers, arranging for meals for both prisoners and officers and making sure prisoners did not escape.

Kenneth sought stress counseling through the employee assistance program. There, he was diagnosed with anxiety and panic a...(register to read more)

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