It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action to notify an employee of FMLA rights when the employer acquires knowledge that an employee’s leave may be
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What Should I Tell Employees on Leave About Their FMLA Usage? Everything!
When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot.
A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik contacted her employer, Lutheran Child and Family Services (LCFS), to request time off for knee surgery. She explained that, …
Finding the “Implicit” Accommodation Request
It is common gospel that when a qualified disabled employee requests accommodation under the Americans with Disabilities Act (“ADA”), both employer and employee must engage in an interactive dialogue to discuss the options. But what happens when an employee merely identifies a disability but never asks to be accommodated? In a recent decision, a sharply divided Eighth Circuit held that an employer who learns an employee cannot perform essential duties without accommodation due to a medical condition may need to treat the information as an “implicit” accommodation request. Such an implicit request can trigger the interactive process even though the employee never specifically asked to be accommodated. The opinion can be found here.
Continue Reading Finding the “Implicit” Accommodation Request
Family Flight Fuels Frisco Family Friendly Workplace Law
Billed as a measure to deter more “family flight” from San Francisco, the City’s Board of Supervisors have passed an ordinance giving employees who are caretakers or parents the “right to request” flexible or predictable work schedules. The mayor has indicated he will sign the ordinance into law.
San Francisco has the lowest percentage of…
Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
An amputee’s request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire & Rubber (N.D. MS, June 18, 2013). The employee was training to operate a machine which ran for twelve hour shifts. To complete the training…
“Can’t Be On Call Tonight, Dad’s in ER” Not a Request for FMLA Leave
An employee’s text message to her supervisor telling him that she could not be on call that night because her father was in the emergency room was not a request for FMLA leave. Lanier v. Univ. of Texas Southwestern Medical Center (5th Cir. June 12, 2013). Affirming summary judgment for the employer, the court said…
“I am Resigning” is Not a Request for FMLA Leave
Is a resignation a request for FMLA leave? Of course not most would say, but it depends on whether you ascribe to words their plain meanings. One of the more well-known exchanges concerning the meaning of words occurred between Humpty Dumpty and Alice in "Through the Looking Glass."
“When I use a word…‘it means just…
FMLA Leave: Pre-Post Protected; Pre-Pre Not
Are employees who request FMLA leave before they are eligible for the leave entitled to the protections of the FMLA? It depends on whether the employee requesting leave will be eligible at the time of the leave.
The Eleventh Circuit Court of Appeals has held that the FMLA protects a pre-eligibility request for post-eligibility leave.