The Family and Medical Leave Act (FMLA) has proven to be a thorny issue for many employers since it was enacted during the Clinton administration. Read this dramatized version of an actual FMLA case, and see if you can guess how the judge ruled.

The scene

Attorney Eric Bressler roared into Exec VP Lynn Rondo’s office and plopped down in a chair.

Lynn’s shoulders sank. “Oh, no. What’s the problem now, Eric?”

“Tim Reilly is suing you for violating  FMLA,” said Eric, pulling a file folder from his briefcase.

‘Bent over backwards for him’

“Tell me what happened,” said Eric.

“Tim hurt himself working at home. Even though he’d only been with the company for nine months, we decided to offer him FMLA leave,” said Lynn.

“You offered him leave before he was qualified?” asked Eric.

“Yes,” said Lynn. “While recovering, he used up all 12 weeks of his leave, so we extended his leave another month. After that, he told us he needed another month to recover. At that point we had no choice but to let him go.”

Eric sighed. “Tim claims his official FMLA leave began only after he’d been with you a year. The earlier three months off didn’t count, ‘cause he wasn’t eligible for FMLA.”

“I can’t believe it,” said Lynn. “We bend over backwards for him and now he’s suing us? How does this look for us, Eric?”

“Hard to say,” said Eric, frowning.

Tim sued the company for violating FMLA.

Did the company win?

_______________________

Yes, the company won.

The judge acknowledged that the company granted Tim FMLA leave before he’d been employed for one year.

But that wasn’t improper. The Family and Medical Leave Act was created to protect employees, not employers, said the judge. If companies wish to adopt more generous leave policies beyond what the FMLA requires, they’re permitted to do so. The judge also noted the employer extended Tim’s leave beyond the FMLA’s required 12 weeks.

Final word: When the company permitted Tim to take FMLA leave – even though he wasn’t technically eligible – Tim’s leave was covered under FMLA rules. Thus the official FMLA clock started ticking on the first day of his leave. His termination didn’t violate the law.

Analysis: No good deed goes unpunished

Sometimes it doesn’t pay to go the extra mile for an employee.  This company allowed an employee-friendly exception to the rules – and still found itself in a lawsuit. Was it worth it? Tough call.

Allowing exceptions to the FMLA can create goodwill among employees and may even help with retention and productivity. But apply your policies consistently.

Cite: Hearst v. Progressive Foam Technologies, Inc.