By Derrek Cummings on December 4th, 2015
Eligible employees working for covered employers can request a leave of absence under the Family and Medical Leave Act (FMLA) in situations involving family matters and health concerns. Under this federal law, eligible workers who take a leave of absence from work for qualified medical and family reasons are unpaid but have their jobs guaranteed. Common reasons for FMLA leave include pregnancy and illness.
Many well-meaning employers, however, find themselves involved in costly and difficult legal battles because of FMLA errors. Employees can and do pursue legal action if their rights under FMLA are violated. The most common mistakes made with FMLA include:
1. Expecting an employee to continue to work.
With telecommuting so popular today, some employers assume their workers can continue to fulfill their duties while they are home on leave. In other cases, workers claim they cannot afford unpaid leave and ask to work remotely. The situation can quickly backfire if an employee is allowed to continue to work and then has their work ultimately terminated.
In the past, there have been situations where a worker has claimed they were expected to work during their FMLA leave in violation of federal regulations. Courts have determined that cases where a worker was asked to attend a pre-disciplinary conference were not in violation of FMLA. However, other cases of workers continuing their job duties were triable.
2. Not cooperating.
In the past, employers have successfully sued because an employer expressed irritation over the medical reasons behind an FMLA request or because the FMLA was not explained clearly. If an employee needs leave, an employer must give the individual the right information about FMLA. All language about leave requests should be professional and neutral in tone.
3. Expecting an FMLA request and plenty of notice.
Under FMLA laws, workers do not specifically have to ask for “FMLA leave” for this type of leave to apply. Simply asking for leave for a qualified medical or family reason is enough. In addition, employees should give 30 days’ notice and should tell the employer the duration of the leave and when the leave will take place. If the need for a leave is unforeseen, employees don’t have to give much notice — they only need to give enough information to show FMLA applies.
4. Being too quick to reject medical certification.
Employers can ask employees who are requesting leave to submit medical certification. This type of certification must come from a medical professional and needs to include:
- When the health problem or medical condition started
- Relevant medical facts
- How long the medical condition is expected to last
- A statement explaining that the employee cannot complete work duties
- The duration and dates of any treatment
- The expected length of leave
If information is missing from the certification, an employer can’t simply reject the request for leave. Instead, he or she must tell the employee what information is missing and must give the employee a reasonable amount of time to fix the problem. If the employee is unable or unwilling to resolve the problem in a reasonable timeframe, the employer can reject the request for leave.
Court decisions and updates to FMLA laws make this regulation complex, allowing FMLA errors to happen. Unfortunately, judgements in FMLA violation cases can lead to hundreds of thousands of dollars. You can avoid these costly mistakes by consulting with MWC Law.
We understand how FMLA, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance, and other relevant state and federal impact laws can affect your workplace. If you’re worried about legal action stemming from a FMLA issue, contact Weisberg Cummings, P.C. for a consultation today.