Company didn’t advise worker of FMLA rights, lands in hot water
It’s always a complicated situation when an employee gets hurt on the job. Besides workers’ compensation, the employee might not be able to return to the job yet.

A recent court case highlighted where an employer went wrong after this situation happened.

Noorjahan Ramji worked as a housekeeper for Hospital Housekeeping Systems in Georgia when she injured her knee on the job.

Ramji filed for workers’ comp, and her employer granted the request. However, things got complicated when Ramji was unable to pass several physical tests in order to return to work.

Instead of allowing Ramji to take FMLA leave to recover, the company fired her. At the time, Ramji was unaware she qualified for leave. She then sued Hospital Housekeeping Systems for FMLA interference.

After a court initially ruled in favor of the company, the 11th Circuit reversed the decision and sided with Ramji. It said the company failed to inform Ramji of her rights when it didn’t give her the two FMLA notices she was owed.

The company tried to argue providing workers’ comp should’ve been enough to inform Ramji of her FMLA rights, but the court rejected that argument, saying, “the FMLA does not set up a clash of Titans between itself and workers’ comp.” It still had a responsibility to alert her.

Information provided by HR Morning
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Michelle Stubkjaer
Human Resources Consultant
Michelle joined Alternative HR in 2021 and offers clients over 13 years of experience in human resources. She is a steadfast professional who has worked with large and small businesses in a variety of industries. Michelle’s range of experience allows her to support our clients in a variety of ways.
Throughout her career, Michelle has enjoyed everyday interactions with leadership and staff members. She appreciates the variety that comes with working in Human Resources. No two days are alike. She likes being able to help educate people and see businesses grow and thrive as employees all work together toward a common goal. She serves as an excellent sounding board for ideas and has been a firm believer that employees are a company’s best asset and HR’s main customer.

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Michelle joined Alternative HR in 2021 and has over 13 years of experience in human resources. She offers both human resources and operational experience with a specialized skill set within the healthcare industry. 

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