FMLA info required

How often is it an employer is concerned about whether a FMLA leave request is warranted and does not receive adequate "medical facts" to evaluate the request. A bit of good news comes from this opinion of the 9th Circuit. The employee submitted a Form WH-380 certification, but it lacked the underlying facts for the diagnosed serious health condition. The court held an employees refusal to provide additional information rendered the certification deficient, and upheld her "removal from employment."

Employers FMLA notice procedures not required

The Fifth Circuit has reversed a grant of summary judgment to a FMLA employer which terminated a covered employee for not following the employer's own internal notification process. The employee, who suffered from a serious mental incapacitation, and whose mother, as court appointed guardian, communicated with the employer, according to the  Court, provided sufficient notice to meet FMLA's minimum notification procedures. Of interest is the Court's footnote which suggests the result might have been different under the  revisions to 29 C.F.R. § 825.303—which arguably increase the duties imposed upon employees seeking FMLA leave.

FMLA claim costly for employer

MNNBC focuses on the plight of a retail store manager who claims she was coerced into returning to work too soon after surgery. Using this anecdotal incident the author claims the economy is creating widespread fear of job loss in those who are entitled to take sick leave. However there is little additional information supporting the premise. After being fired the manager successfully sued winning an eye-popping $8.1 Million jury verdict or FMLA violations.

Attendance not essential

Attendance, FMLA and the ADA. The combination can be a toxic brew for employers. When does intermittent absence render an employee unqualified? The Fifth Circuit's opinion in Carmona v. Southwest Airlines Company provides an interesting answer. More after the jump.