How to offer FMLA — and still be sued
July 11, 2008 by Sam NarisiPosted in: FMLA, In this week's e-newsletter, Latest News & Views
An employee requested medical leave. The company granted the request. So why’d it lose the case when she sued for FMLA violations?
Here’s what happened in this recent, real-life case:
An employee asked her boss for forms to request FMLA leave. Even though she asked several times, three months went by before she actually got the forms. She filled them out, gave them to HR and took her leave. Then she sued.
Why? She claimed her boss took too long to get her the forms she needed. In her mind, that was to discourage her from taking leave.
The company argued it followed the law and never denied any of the time off she requested.
The judge ruled for the employee. He said it’s not just illegal to deny someone’s right to leave — companies can also be liable for trying to keep an employee from using FMLA.
In this case, that’s what it looked like the manager was doing by not responding quickly when the employee asked for the forms — even though she eventually took the leave.
Cite: Mueller v. J.P. Morgan Chase & Co.
Tags: FMLA, FMLA interference, manager, offered leave
July 16th, 2008 at 11:48 am
She got what she requested. Sounds like she just wanted an excuse to get an easy payment or two in at the expense of her employer.
July 17th, 2008 at 8:09 am
The employer was definitely lax in providing the paperwork. I believe a fine might be more in line than a lawsuit. I too, believe she just wanted some easy money. Employers are too often made to look like the bad guy.
August 6th, 2008 at 9:23 am
She could have pushed the issue on getting the forms “in time.” She set everything up deliberately.
November 19th, 2008 at 10:55 am
The employer should have posted the process on their intranet or in the handbook which requires all employees to read, understand. The process should have been clear on what to do to request time off. The supervisor should not be responsible for providing forms. It is the employee’s reponsibility to understand the policies and procedures for requesting time off and complete the forms which are easily available either on the intranet or in a convenient area.
It appears that the employer did not have very clear policies in place for employees. With these types of practices in place, employers would not be liable.