2 Cases on the importance of recordkeeping

 

When possible Family and Medical Leave Act (FMLA) leave is in the picture, you need to double sure you’re tracking absences correctly – as two companies recently learned the hard way in court.

 

Even if you think you have everything correct, employees may sue if they believe there’s even a chance of FMLA interference.

 

Two recent court cases show just how companies are getting in trouble.

 

Real-life examples

 

Example one: At Mondelez Global LLC, an employee claimed be needed intermittent FMLA leave for leg pain.

 

On a day he said he needed to take FMA leave to rest, he went to the bar, drank too much and got a DUI.

 

After Mondelez, read about the incident in the newspaper, the company investigated the dates of his arrest and his absence.

 

They the fired him, saying he’d violated the company’s FMLA policy and its Dishonest Acts policy.

 

The employee sued, claiming FMLA interference and retaliation. With all the facts in mind, the court found no proof of retaliatory intent.

 

The lessons: Take another look at your company’s policy on FMLA use to make sure it’s written clearly. Ask HR how the policy is reviewed with employees who want to take leave. If HR suspects someone is violating the policy, Payroll can help by providing accurate information on absences.

 

Example two: At Delta Airlines, a stewardess with a history of taking FMLA leave was on her “Final Warning” for misbehavior.

 

She called in to say she was caring for her mother. When she didn’t come to work, she was terminated for not following policy on reporting absences. She sued saying Delta should have explained her FMLA rights.

 

The court disagreed. Because she’s used FMLA before, she should have known the rules. This was true even though the leave she needed to take was probably FMLA eligible.

 

The lessons: If FMLA is covered in new hire orientation, all workers will have a basic knowledge, but encourage HR to do ongoing training. Also, if you notice that someone’s absences you notice that someone’s absences have begun to pile up, keep HR in the loop in case FMLA becomes a factor.