• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

FMLA error costs employer more than $100,000

by on
in FMLA Guidelines,Human Resources

A federal court has awarded more than $100,000—plus enhanced pension benefits—to an employee who was fired when the company wrongly believed his FMLA leave expired.

Recent case: Carl Thom took FMLA leave for shoulder surgery and was scheduled to return on a set date. He didn’t come back, but told the company he needed more time because of pain. It fired him after concluding his FMLA leave was up.

He sued, alleging he had never been told the company was using the rolling-calendar method to calculate eligibility.

The court said that meant the employer had to use the method most favorable to Thom, which meant he was fired while still eligible for FMLA leave.

The court said Thom was owed more than $100,000 in back pay. Thom also missed accruing pension benefits, so the company must restore those as well. (Thom v. American Standard, No. 3:07-CV-294, ND OH, 2009)

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/9345/fmla-error-costs-employer-more-than-100000 "

Leave a Comment