Scenario
When Cathleen’s son broke his leg and needed surgery, she told HR she needed to be out for about 10 days. For two weeks, Cathleen repeatedly emailed the HR director, asking what information was needed to process the request.
At first, she got no response. Then the HR director sent Cathleen several emails asking her to complete “paperwork” without detailing what information she was seeking. Cathleen asked for clarification, but received none. Cathleen did send in a doctor’s note, but was told it was insufficient. Finally, during the leave, the HR director told Cathleen they needed to meet before she would be allowed back to work. After many attempts to schedule a meeting, HR suddenly informed Cathleen she was being terminated for abandoning her job.
She sued, alleging FMLA violations. She added the HR director as a defendant, arguing she should be held personally liable.
Solution
If you’re in charge of FMLA administration in your workplace, beware: HR professionals and managers who bungle an employee’s request for FMLA leave could be held personally liable for damages. That may mean thousands out of your own pocket! Why? A handful of federal employment laws, including the FMLA and wage-and-hour law, say that managers can be held personally liable for damages.
BEST SOLUTION:
Call Alternative HRD!
The growing risk of personal liability gives even more incentive to make sure you and your supervisors know exactly how to respond to employees’ requests for leave.
FMLA can be tricky and we can HELP! Alternative HRD can provide the necessary training for your leaders to assure they have the information they need to work through the tangled web of the FMLA!
