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Family and Medical Leave Act (FMLA Law)
FMLA Law - You don’t have to "read an employee’s mind"
When
Ester Gay failed to report for work on June 22, her husband called
her supervisor to report that she was hospitalized for “a
few tests.” In fact, Ester had been admitted to a
psychiatric hospital for treatment due to a nervous breakdown.
After six days, the supervisor had received no further information,
and Ester was dismissed. She filed suit claiming that she
was entitled to emergency leave under the Family and Medical Leave
Act (FMLA). The court’s
decision in the lawsuit is proof that there is still some justice
in the world for employers weary of trying to comply with a bevy
of government-imposed regulations.
Based on the information Ester’s husband gave, the employer
had no way of knowing that her condition might have qualified her
for leave under the FMLA Law, so when Ester’s attorney filed
suit, the court ruled in favor of the employer.
According to HR Wire, “In order to take advantage
of FMLA benefits, employees must provide notice to employers--normally,
at least 30 days in advance where the leave is foreseeable based
on planned medical treatment.” When the need for leave is
not foreseeable, an employee generally must notify an employer
within 48 hours. There are exceptional cases, but these
are general guidelines.
When the need for leave is unforeseeable, the employee is only
required to notify the employer that his or her condition is potentially
FMLA-qualifying. The burden of determining whether the leave
is in fact FMLA-qualifying then rests with the employer.
We are your employment ally. We’ll help you interpret
the FMLA, and prevent you from taking employment action that has
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Medical Leave Act (FMLA Law) interpretation services. Get a quote.
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