Employers have to meet thresholds before they’re required to comply with most statutes. For example, the
But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.
In Dobrowski v. Jay Dee Contractors, the 6th Circuit illustrated the dangers posed by coverage-by-estoppel. Even though Jay Dee had fewer than 50 employees and was not covered by the FMLA, when Daniel Dobrowski needed time off for surgery, Jay Dee’s president provided him a form titled “Application for Leave of Absence under the FMLA.”
Jay Dee dodged the estoppel bullet, but it was a close call.
Signed, sealed … delivered?
Before Dobrowski took leave, the company president sent him...(register to read more)
- When essential duties are at issue, OK to base medical exam on FMLA certification
- USERRA retaliation rules mirror those in Title VII
- Beware firing ill employee after FMLA expires
- Independent Contractors: Liability Issues
- Be prepared to prove you had reasonable cause to deny reinstatement after FMLA leave