• Employee Reliance: When the Company Mistakenly Designates Absence as FMLA Leave
  • August 14, 2009 | Author: Ann Bowden-Hollis
  • Law Firm: Butler, Snow, O'Mara, Stevens & Cannada, PLLC - Gulfport Office
  • It is bound to happen. An employee asks for time off because of a medical condition. He is given the FMLA paperwork and the time off. Then the company realizes he was not entitled to FMLA leave, and now it is time to terminate that employee. The Family and Medical Leave Act (FMLA) is complex. So, too, are companies' operations, often spanning many worksites with changing numbers of employees on the payroll. A recent case from the federal Sixth Circuit Court of Appeals, which covers Tennessee, Kentucky, Ohio and Michigan, addresses what can happen when such a mistake is made.