BusinessBrief.com » One more way to trip over family-leave rights

One more way to trip over family-leave rights

July 29, 2010 by Dan Wisniewski
Posted in: Human Resources, In this week's e-newsletter, Latest News & Views, Legal & Compliance


As far as employment laws go, the Family and Medical Leave Act (FMLA) is one of the most complicated, as one company found out when it made a common mistake.

The mistake? Misreporting the amount of leave time an employee had left to take.

Here’s how the case shook out:

Legal secretary Vanessa McFadden filed a lawsuit against her company, claiming it had interfered with her FMLA rights.

McFadden, whose husband had recently been diagnosed with cancer, alleged the company had mistakenly told her she had less FMLA time than she did. As a result, she said she’d taken less leave and instead paid her sister to take care of her husband.

It turned out McFadden was right – the company had made a mistake in determining her leave time, and admitted it to her. But it also claimed it wasn’t at fault – it never denied FMLA leave to her when she requested it.

No dice, the court told the company. All McFadden had to prove was that the company had interfered with her rights to take leave, and that she’d lost money providing alternative care – which she’d done by paying her sister.

The takeaway: You have to be very precise in communicating entitlements to eligible employees. Any misinformation, even given innocently, can be enough to support a claim against your company.

Cite: McFadden v. Ballard Spahr Andrews & Ingersoll

  • Share/Bookmark


BusinessBrief.com delivers the latest business news once a week to the inboxes of over 180,000 executives.

Click here to sign up and start your FREE subscription to BusinessBrief!


advertisement


Tags: ,

Leave a Reply

IMPORTANT! To be able to proceed, you need to solve the following simple math (so we know that you are a human) :-)

What is 4 + 10 ?
Please leave these two fields as-is:

advertisement

Stock Quotes

NASDAQ2915.86  chart+0.00
S&P 5001349.96  chart+2.91
MSFT30.66  chart+0.00
IBM192.95  chart+0.00
PFE21.01  chart+0.00
GOOG609.85  chart+0.00
2012-02-08 17:30

Whitepapers