2013
Employers risk lawsuit for not making FMLA accommodations
Workers who are sick or need to care for a family member who is sick likely have a substantial amount of stress and anxiety to cope with. If an illness is serious enough, workers may choose to take time away from their jobs to fully focus on caring themselves or their family. For many workers, this is a right given to them under the terms of the Family and Medical Leave Act.
Workers who are eligible for this type of leave in California can take up to 12 weeks off work. Their jobs are protected during this time and they should be able to expect that after their leave is complete, they will be able to return to their jobs. However, some employers do not explain these rights to their employees, or they try to take advantage of the situation by setting up an employee for failure so that they can be fired upon returning to work.
When an employer interferes with an employee’s FMLA leave, they can be seriously penalized in the form of an FMLA interference lawsuit. For example, one man filed a lawsuit against his employer when they failed to make appropriate and suitable accommodations for him by not adjusting his workload while he was on a short FMLA leave. When he returned, it was impossible for him to meet his sales goals and he was fired.
This is significant because it highlights the employer’s responsibility to make certain adjustments for employees on leave. These changes can be as simple as extending deadlines for certain projects and having co-workers cover some of the employee’s duties. It may also be necessary to adjust performance and sales goals that would only be attainable if the employee did not take a leave.
Workload expectations must be managed appropriately when an employee is on leave, so that he or she can take time off without having to concern themselves with work demands. Some employers fail to recognize this, and instead penalize a worker returning from leave for poor performance during a medical leave. In many cases, it is possible to file an FMLA interference lawsuit against an employer.
Source: Business Management Daily, “Avoid FMLA suit: Cut slack for leave-takers,” Dec. 7, 2012
