Could employee extend medical leave — without telling the employer?
July 2, 2008 by Sam NarisiPosted in: FMLA, In this week's e-newsletter, Latest News & Views
Here’s another victory for employers trying to fight FMLA abuse.
A federal court recently ruled that a company could fire an employee who missed her scheduled return to work after leave.
A woman took FMLA leave from an oil drilling company in Texas. Before the leave started, she told the company when she’d be able to get back to work.
But when the day came, she didn’t show. Her boss didn’t hear from her or her doctor until almost a week later. By that point, the company had decided to fire her, so she sued under FMLA.
In defense, the company pointed to its own policy on returning from approved leaves. Under the rule, employees that don’t return to work on the agreed date or give advance notice are fired.
But the woman said it was the company’s responsibility under FMLA to try to contact her.
Not so, according to the judge. Once the planned return date had passed, the absences were no longer protected. It was up to the employee to come back, or ask for more time.
Cite: Bardwell v. Global Santa Fe Drilling Co.
Tags: certification, extension, FMLA, unexcused absences
July 16th, 2008 at 2:22 pm
good to know also!
August 3rd, 2008 at 4:27 pm
FMLA is the absolute worst plague to ever befall the modern workplace. It is tailor made for slackers, leeches and problem employees and a cottage industry of bottom feeding lawyers has arisen to support the frivolous claims of these frail souls to make sure their rights aren’t violated. It should be abolished immediately.
Eighty percent or more of employees on FMLA right now could be terminated with little or no resultant loss to the workplace. It’s a drain on resources and a morale killer.
August 6th, 2008 at 9:37 am
Milton, you definitely have the wrong attitude here…. I don’t know how long you’ve been in Human Resources, but it sounds like you’ve stayed too long. Maybe there’s another profession out there for you.
September 18th, 2008 at 10:48 am
Milton: I agree with Laura, your attitude towards FMLA is totally unprofessional. Most people who need this benefit are ill or has a family member who is ill and need their assistance. I don’t understand how you could be so cynical about a law that protects employee’s rights to take time off from the workplace to due a serious health condition. Keep in mind there’s a good reason why federal legislators passed such a law in the first place — I think it probably had to do with employers who think and behave unfairly like you. Shame!
September 19th, 2008 at 12:20 pm
I agree with Milton FMLA has become like everything else in the system. It started out to help those in need and as he said the slackers and leeches decided to hop on board. And now the lawyers have also found a way to make more money and tie the court system up with unnecessary evil. Wake up people its all about the almighty dollar. Work less and get more.