No doubt about it: The Family and Medical Leave Act’s a pain for HR and Benefits pros. But a recent court decision eased one company’s intermittent leave headaches. Could it help you?
The ruling now gives companies more power to discipline employees who don’t provide proper FMLA notification.
What happened
A worker took intermittent leave for migraines. The side effects of his medicine made him sleep — up to 27 hours at a time — and he knew it.
The man took two doses of meds prior to his shift, but he didn’t call to notify his supervisor that he needed an FMLA day. He slept through his entire shift.
When the company suspended him for 20 days, the man sued, claiming FMLA interference.
The company said he knew he needed FMLA leave — especially after taking the second dose. He could’ve notified the company prior to his absence but failed to do so.
What the court said
The court agreed, saying the man should’ve notified his supervisor as soon as he took his medicine.
Regs require workers to notify employers as soon as possible. The worker didn’t so his suspension wasn’t FMLA interference.
Cite: Valdivia v. BNSF Railway Co., U.S. Dist. Crt., ED KN, No. 07-2467-KHV, 2/12/09.
