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Be sure to document if worker says she doesn’t need leave

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in Discrimination and Harassment,FMLA Guidelines,HR Management,Human Resources

If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.

Recent case: Melanie Galimore-Roberts worked part time for UPS. When she began having medical problems and missed work, her supervisor told her she might be eligible for ADA accommodations or FMLA leave. Her boss told her to contact HR if she was interested. She denied needing either.

Later, after she was fired for excessive absences, she sued.

The court said she couldn’t turn down an offer for leave and then sue for not getting it. (Galimore-Roberts v. UPS, No. 08-1036, ED PA, 2009)

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