Court to employee: You don’t qualify for FMLA
October 6, 2008 by Sam NarisiPosted in: FMLA, In this week's e-newsletter, Latest News & Views, Recent Decisions
While courts usually come down hard on employers for violating FMLA, here’s some good news: They’re just as strict when it comes to employees and their obligations.
In one recent case, an employee was disciplined several times for various policy violations. She was close to being fired on a few occasions, but managed to convince her supervisor to suspend her instead.
Eventually, she was fired after missing work — without authorization — because of knee problems. She sued the company, claiming the absence should’ve been covered by FMLA.
The company disagreed. Why? Because she wasn’t eligible to take leave. When all of her time was added up, it turned out she only worked 1,248.8 hours in the past 12 months — 1.2 hours shy of what FMLA requires.
The court agreed with the company, which had documented payroll records to support its argument. The woman wasn’t entitled to FMLA leave.
Cite: Pirant v. U.S. Postal Service
Tags: eligibility, FMLA, hours worked
October 27th, 2008 at 6:13 am
We are small not for profit, only 3 full time and 1 part time. The admin secretary is going out for surgury. What kind of paperwork work do I need from her doctor? Do I request a written statement about when she can return to work?
November 19th, 2008 at 10:19 am
With only four employees, you are not subject to FMLA. In general, I would think that requiring some sort of communication from the doctor as to when she can return to work and if she will temporarily need light duty or short hours would be a good idea, but I don’t think anything requires it.
December 18th, 2008 at 4:07 pm
Will the law cover an employee/employer if the employer, who has less than 50 employees, chooses to offer FMLA?
February 19th, 2009 at 8:30 am
Stacey
No. An employer may offer any leave benefit program that may indeed be similar to FML. However in order to have the statutory protection of FML a company has to meet the requirements of qualification first. The company must have 50 or more employees in a 75 mile distance; must be a municipal agency in which case all employees are covered; must have worked the 12 months for the company, must have worked 12 months and 1250 hours. There is more but these are the basics.