When it comes to the Family and Medical Leave Act, little things mean a lot. Especially little mistakes like miscalculating an employee’s remaining FMLA leave entitlement.
Check out this case:
Legal secretary Vanessa McFadden requested leave after her husband was diagnosed with cancer.
Unfortunately, her employer told her she had less FMLA time coming than she actually did.
As a result, McFadden took less FMLA leave than she was entitled to — and had to pay for someone to take care of her husband.
‘Never denied her leave’
Later, when she discovered the miscalculation, McFadden filed suit against her employer, claiming it had interfered with her FMLA rights.
The company admitted it had made a mistake in determining her leave time.
But it also claimed it wasn’t at fault – the firm never denied leave to McFadden when she requested it, so it couldn’t be liable for violating FMLA.
Wrong, said the court. The company had interfered with McFadden’s rights simply by misinforming her about the amount of leave she had left. Because of that misinformation, she lost money providing alternative care for her ailing husband.
The takeaway: You have to be very precise in communicating entitlements to eligible employees.
Any misinformation, even that caused by an innocent mistake, can be enough to support a claim against your company.
Cite: McFadden v. Ballard Spahr Andrews & Ingersoll. For a look at the full court decision, go here.
