• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

2 new FMLA cases to make HR laugh

Dan Wisniewski
by Dan Wisniewski
April 3, 2013
3 minute read
  • SHARE ON

There’s not a lot of humor to be found in employment law, let alone the Family and Medical Leave Act. But these cases should be good for a chuckle.

‘Maybe overworked’

The first comes from Florida, where Biljana Pivac worked as a warehouse clerk for Componenet Services & Logistics, Inc.
Pivac was fond of using her personal leave time and had gotten in trouble already for attendance issues when she was denied a personal day because she had no personal or vacation time left.
Pivac then requested FMLA leave to go visit her parents in Yugoslavia because — get this — they were old. The HR director at the firm told Pivac that was no reason to take FMLA leave, though the director did instruct her on how to take FMLA leave for stress she also said she was having.
Pivac went to a doctor, who gave her no treatment, no referrals, no medicine and no further appointments, though he did give her a two-week “medically excused absence” form.
Pivac then took those two weeks off — without ever filling out any FMLA paperwork for her company. She was immediately terminated upon her return.
Pivac sued, but the court had a great time denying her claims of FMLA abuse:

The substance of the Plaintiff’s “evidence” is that she felt maybe overworked and wanted time off, first to visit her parents, but then just because she was crying and sad. There is absolutely no evidence presented by the Plaintiff that she met the definition of “serious medical condition” at the time she took the extended unpaid leave. There are no medical records submitted, no indication of continuing treatment at the time of the Plaintiff’s being out of work from the 4th to the 17th of October of 2011, no evidence, other than the Plaintiff’s conclusory statements, that she suffered depression and anxiety as chronic health conditions. In fact, the only thing the Plaintiff has established is that she told the doctor she did not feel like working and he gave her a note to excuse her from working.

Breaking news: You need a real reason to take FMLA leave. Imagine that.
The case is Pivac v. Component Services and Logistics.

FMLA abuse at its finest

The second case involves a particularly ridiculous case of FMLA abuse.
Robert Dietrich, who worked as an operating room technician for Susuehanna Valley Surgery Center, suffered from hemophilia. The company allowed him to take time off to handle complications from the disease.
Dietrich also ran a landscaping business on the side and was in the process of installing a patio at one of the surgery center’s doctor’s houses when he called out of work due to an “internal bleed” on a Monday and Tuesday.
That Wednesday, he also failed to go to work, though he did go to the doctor’s house to work on the patio. (Dietrich said he didn’t actually do any work and that he only supervised another employee.)
When the company found out, it fired him.
He sued, but the court wasn’t having any of it:

Any employee, regardless of his or her disability or lack thereof, might reasonably expect their employer to take disciplinary action if he or she is absent from work and found to be instead engaging in some other side business. This is especially true if the employee failed to notify his or her employer of the impending absence.

Note to stupid employees: If you’re going to play hooky, don’t do so at a co-worker’s house.
The case is Dietrich v. Susquehanna Valley Surgery Center.

Worplace Virtual Summit

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader