সোমবার, ২২ অক্টোবর, ২০১২

New hire requests FMLA? Beware retaliation ? Business ...

Employees who can foresee the need for FMLA leave are supposed to let their employers know 30 days in advance. The idea is to help employers manage staffing needs by giving them a heads-up.

Because only employees who have worked 1,250 hours in the past year and have worked for their employer for at least one year are eligible for FMLA leave (provided they work for a covered employer and have a serious health condition or other covered need), some requests naturally come in before the employee is eligible.

That raises a question: Is it protected activity that can?t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible?

A federal court has said, ?No!? That?s illegal retaliation.

Recent case: Liquor distributor employee Angella became pregnant and told her boss she would need FMLA and other medical leave before, during and after the birth of her child. At the time of the request, she wasn?t technically eligible since she hadn?t worked for the company for at least a year yet. She was fired before she gave birth or hit the one-year milestone.

Angella sued, alleging FMLA retaliation.

The company argued she wasn?t eligible at the time she requested leave and therefore hadn?t engaged in protected activity.

The court ruled in Angella?s favor. It reasoned that the law would be a sham if employers could simply fire employees who would soon need FMLA leave (and would be otherwise eligible for leave) and who by law are required to report their need for leave before they become eligible. That would punish the employee for doing the right thing. (Williams v. Crown Liquors, No. 11-Civ-61341, SD FL, 2012)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/32907/new-hire-requests-fmla-beware-retaliation "

Source: http://www.businessmanagementdaily.com/32907/new-hire-requests-fmla-beware-retaliation

mario manningham williams syndrome hoya casa de mi padre corned beef and cabbage diners drive ins and dives jeff who lives at home

কোন মন্তব্য নেই:

একটি মন্তব্য পোস্ট করুন