• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Receive FMLA notice? Don’t assume ineligibility

by on
in FMLA Guidelines,HR Management,Human Resources

You need a clear policy on handling employees who call in sick. That helps ensure you don’t miss a potential FMLA request.

Remember, employees don’t have to ask for FMLA leave by name. They just need to give you enough information to trigger your responsibility to ask for more details.

Recent case: Cynthia Deluca worked for Simmons Manufacturing as a seamstress. She took one FMLA leave related to a job injury. Shortly after she returned, she called in again, explaining that her doctor said she needed to be off.

HR sent her an FMLA form, but fired her two days later, before she had a chance to fill out the form. She sued.

The court said the company interfered with Deluca’s right to FMLA leave. It should have waited for the form before concluding whether she was eligible. (Deluca v. Simmons, No. 3:07-CV-2143, MD PA, 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/9513/receive-fmla-notice-dont-assume-ineligibility "

Leave a Comment