Courts are beginning to get tough on employers that don’t comply with the letter and the spirit of the
In other words, don’t expect to settle an FMLA case once it gets to court for less than it would have cost you to provide the benefit.
Recent case: David Graham agreed to settle his FMLA case against Bank of America. The judge presiding over the case approved the settlement, but only after determining that the cost to the bank was not less than the cost of complying with the FMLA. (Graham v. Bank of America, No. 3:08-CV-193, WD NC, 2008)
- Don't consider FMLA leave when tallying employee's 'excessive' absences
- No FMLA? That doesn't mean you're free to fire and replace new mother
- Employee works despite FMLA leave? That's not your fault--nor FMLA interference
- Behavior change can spark FMLA notice
- New FMLA regs in effect: Update your military leave policy