Fmla Leave: Fill & Download for Free

Well, this happened to my wife, not me.My wife’s had a 25-year career as an HR professional. She started out as a recruiter, but she’s done everything from payroll management to terminations to responding to legal challenges to unemployment claim denials.The unfortunate termination revolves around FMLA. FMLA, or Family and Medical Leave Act, provides for unpaid leave for employees when medically necessary for themselves or immediate family members. Wife gives birth? FMLA authorized. Need time off for chemo? FMLA authorized. Kid has a concussion during recess? FMLA authorized. There are some exceptions and restrictions, but generally speaking, that’s how it works.Even some elective medical procedures are considered okay for FMLA. For example, you couldn't get FMLA for a rhinoplasty procedure when the reason is “I just wanted to be cuter,” but you could have a breast reconstruction procedure following a mastectomy and that passes muster under FMLA and leave would be authorized.So. I told you all that to tell you this.An employee requested a month of FMLA leave for a medical procedure. It was an elective procedure, and as it turned out, it wasn't authorized under the Act. So wife’s employer declined.Ms. Employee went and had the procedure anyway and faxed in a letter from her doctor saying that FMLA leave was necessary because following the procedure, it was painful for her to walk and sit.What?Well, had she gotten the letter *before* the procedure, Employer would have made an exception per corporate policy (they did permit exception cases if the doctor involved provided a written request and explanation) — which she did, but after the fact. So Employer made an exception to the exception and authorized her normally-not-authorized FMLA leave.She returned to work and everyone figured it was dealt with. Well, that’s what my wife thought until Ms. Employee started showing before and after pictures to her coworkers.When my wife terminated her, she had to explain that showing before and after pictures of your freshly bleached anus is not acceptable workplace behavior.Oh, did I leave that part out at the beginning of the story?Epilogue: my wife had to explain, in detail, what anal bleaching was to her very prissy and religious VP, who didn't get what was going on. And she wanted to know how my wife knew what it was.Well, DUH. My wife didn't know what it was before the whole thing started, but she had to handle all the documentation, research the permissibility of the procedure and Google “anal bleaching” on her PC at work.My wife was not paid enough at that job.

This never went to trial, but it was interesting.I had an employee that claimed illness and went out on FMLA leave. He was terminated by the company and sued the company, the HR manager, his previous manager (who was uninvolved) and myself. He quickly dropped suits against his old manager and the HR rep, but the suit against me and the company continued.Went through the discovery phase and let’s just say the deposition was not kind to him. The whole time I saw a look of astonishment on his lawyer’s face, lots of “that’s not what you told me” looks during the whole thing. Clearly this guy realized the sweet lawsuit against a F100 company was falling apart before his eyes.Eventually, his lawyer opted to settle for a ridiculously small amount of money. The company, even though they were 100% not at fault, realized paying out a few thousand to end this stupidity was cheaper than continuing to fight.Later, our company lawyer called me to share a story. Apparently his lawyer said, “Although I won, after all the time I put into this, I essentially earned minimum wage.” Our lawyer replied, “That’s called losing.”

“Is it illegal to terminate an employee because they have an illness or disability, just after their FMLA ended?”The lawyer’s favorite answer: It depends.Situation #1: The employee has an illness or disabling condition that lasts longer than their available FMLA.Legal.Example: The employee has two weeks of available paid sick leave, two weeks of paid vacation time, and is eligible for 12 additional weeks of unpaid FMLA leave, for a total of 16 weeks.The employee has a serious medical condition that will require them to miss six months of work.In this case, the employee does not have enough leave available to cover their entire six-month absence. If the employee is not yet capable of returning to work after their FMLA entitlement ends, the employer is not required to hold their job open for them beyond the end of the FMLA entitlement.Situation #2: The employee’s illness or disabling condition prevents them from performing the essential functions of their job.Legal.Example: The employee works as a tightrope walker.The employee develops a severe, and permanent, inner-ear condition that affects their equilibrium. The employee can no longer safely function as a tightrope walker.In this case, the employer is not required to hold the job open for someone who will never be able to return to the job. The employer may, however, be required to transfer the employee to another position for which the employee is qualified, if any suitable vacancies exist.Situation #3: The employer retaliates against the employee who took FMLA leave because it’s trying to make an example of them and discourage other employees from taking FMLA leave.Illegal as all get-out.