Blog Categories
|
|
The Office Organizer: 10 tips on file organizing, clutter control, document management, business shredding policy, record retention guidelines and how to organize office emails
- Home
- Blogs
- Case In Point
- FMLA
- Like other 14-year-olds, FMLA has good intentions but can be painfully frustrating
Like other 14-year-olds, FMLA has good intentions but can be painfully frustrating
- By Mindy Chapman, Esq., Mindy Chapman & Associates
- 6/28/2007 - 1:00pm
- FMLA
Mindy Chapman, Esq., Mindy Chapman & Associates
Mindy is a nationally recognized authority in EEO laws and is a contributing editor to the HR Specialist: Employment Law
monthly newsletter. She is highly regarded for her workplace compliance
training that “clicks and sticks,” because it is practical and
memorable. She is also the coauthor of the American Bar Association’s
bestseller and authority on civil rights training, “Case Dismissed! Taking Your Harassment Prevention Training to Trial."
The Society for Human Resources Management (SHRM) has recognized Mindy as one of its Top Ten Speakers nationally. She has trained extensively in all industries at all levels of the
workforce—from boardroom executives to managers and supervisors and to
hourly employees in union and non-union environments.
Question: The U.S. Labor Department issued a report yesterday that said all is not well in the land of FMLA. Shocking, truly shocking! And we in the employer community thought things were so rosy…
Actually, employers have long known of the hassles and headaches cause by the 14-year-old Family and Medical Leave Act. The law may have been born with good intentions, but employees have quickly learned how to “game” the system, and employers are having a devil of time trying to comply.
The new Labor Department report—which summaries 15,000 comments from employers and workers since last December—makes that point clear. It highlights several employer pain points, such as dealing with intermittent leave, defining a qualifying “serious” condition and struggling with questionable “last-minute” FMLA leaves.
Case in Point: A new court ruling in New York shows the type of lawsuit employers are having to fight off these days: Ricardo Brown, an accountant, called in sick for two days in a row during the busy auditing season. He had his doctor fax a handwritten note stating Brown couldn’t come to work for two weeks. The note didn’t specify why. Brown then left for Costa Rica without telling anyone. He didn’t call in.
The real reason he wasn’t at work: He was having a nervous breakdown due to the progression of an underlying HIV infection—something his employer didn’t know about. The company fired him for abandoning his job.
Brown sued, alleging interference with his FMLA rights. But the court tossed out the case, reasoning that there was no way the employer knew he was suffering from a serious health condition. All the employer knew was that Brown had disappeared and didn’t call in. While this employer won, it still had to fight the issue in court ... at considerable cost. (Brown v. The Pension Boards, No. 04-Civ-10062, SD NY, 2007)
What does this new ruling mean to you?The FMLA says employees should notify their employers before taking FMLA leave—30 days ahead if possible. In cases of emergencies or sudden illnesses, they must notify their employers as soon as it’s practical.
But that doesn’t mean employees who simply call in “sick” or provide a vague doctor’s note will be officially providing enough FMLA notice. The truth is, they must give you enough details for you to make the judgment that the problem could qualify as a “serious” medical condition.
To avoid an interference-with-FMLA lawsuit:- Train every supervisor and manager on the FMLA.
- Insist that all requests for time off that may possibly be covered by the FMLA be brought to HR’s attention promptly. Remind everyone that the request can be oral and doesn’t need to use any particular words, such as “FMLA leave.”
- Track every request and its final decision.
The Office Organizer: 10 tips on file organizing, clutter control, document management, business shredding policy, record retention guidelines and how to organize office emails
Related Articles
Spread The Word
FREE Special Reports
Workplace Violence Prevention ToolkitOvertime Labor Law: 6 FLSA Compliance Tips
Salary Negotiating 101: 7 secrets
Maternity Leave Laws: 7 guidelines
Employment Background Check Guidelines
FMLA Intermittent Leave: 5 guidelines
Best-Practices Leadership:
Team Management Tips
Workplace Conflict Resolution:
10 ways to manage employee conflict
14 Tips on Business Etiquette:
Setting a professional tone with co-workers, clients and customers
Office Communication Toolkit: 10 tips for managers
The Office Organizer: 10 tips
Effective Performance Review: Examples and Tips
Small Business Tax Deduction Strategies
Expert Bloggers
|
|
