Dear HR Executive:
Just when you thought administering FMLA leave couldn't get any trickier ...
Check out this article from B21's newsletter Human Resources 21 about a new medical leave case. It involves a company that made a tough call after repeated requests for FMLA leave from an employee who suffered a variety of chronic ailments. Did the ailments qualify for FMLA leave? The company said no. The court said yes, and indirectly made the company pay for the emotional distress it caused the employee by denying the leave.
This case will make us all think twice next time we're faced with a similar call. Read on.
Upset by FMLA denial, he missed work – employer had to pay him
Days lost to emotional distress were the company’s responsibility
Did you know that if you mistakenly deny employees FMLA leave, you may have to pay them for days they miss work due to resulting emotional distress?
Doesn’t seem fair, somehow. And yet that’s exactly what a federal appeals court has just decided.
Lost wages
The ruling came in a case from Oregon. An employee suffering a laundry list of ailments – diabetes, eczema, asthma, emphysema – repeatedly asked for time off under the FMLA. The employer denied several of his requests.
Then, he was diagnosed with anxiety and depression. He persuaded a jury that his FMLA leave was wrongly denied, and this caused his emotional state. The jury awarded him lost wages for the days he missed without pay due to his distress.
The appeals court said employees can’t sue under the FMLA for damages for unquantifiable emotional distress.
But they can seek damages for days of work they miss due to upset from an employer’s wrongful denial of FMLA leave – because the pay they would have earned on those days is quantifiable. What’s this mean for employers?
Careful assessment
It’s more important than ever to correctly assess health conditions that may qualify employees for FMLA leave. Make sure:
- Their doctor completely and specifically fills out the certification.
- You seek a second opinion – and even a third – where necessary, and
- You require recertification for long-term conditions, generally every 30 days.
Stephen Meyer
B21 Publisher
Cite: Farrell v. Tri-County Metro Trans. Dept. of OR, No. 06-45384, 9th Cir., 6/27/08.
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