What happens if an employer discourages an employee from taking
Recent case: Richard Smith, who worked for Primecare Medical as vice president of operations, underwent gastric bypass surgery. He expected to be off work for about three weeks following the major surgery.
Complications ensued, and Smith's boss visited him in the hospital to tell him he could stay off as long as he needed, with full pay. No mention of FMLA leave was made, and Smith never took any. He was, however, ready to return to work by the end of 12 weeks. Even so, his boss told him to wait a little longer; Smith continued to receive his salary.
When Smith finally returned to work, Primecare moved him into a different position that paid less.
He sued, alleging interference with . The company argued Smith never took FMLA leave and therefore wasn't entitled to reinstatement.
The court disagreed in principle. It reasoned that Primecare couldn't just ignore a condition that obviously qualified for FMLA leave. Plus, it considered this obvious fact: If Smith had taken FMLA leave, he would have been able to return to work in time. The case will go to a jury trial on interference with the right to FMLA leave. (Smith v. Primecare Medical, No. 1:08-CV-1397, MD PA, 2008)
Final note: Remember, an employee who says he needs surgery has given you notice he may need FMLA leave. Provide him with the information to follow up.
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/8523/generous-about-leave-beware-fmla-suit-anyway "
- AWOL employee loses case involving absenteeism
- Unmarried co-Workers, childbirth and FMLA leave
- Employee out on maternity leave: How long must we hold her position?
- Suspect FMLA mischief? Use certification before taking drastic action
- Instead of firing after FMLA and disability leave, consider reasonable accommodations