Fmla Leave Case Study

2412 Words 10 Pages
Michael Collins

Presents:

Family Medical Leave Act Abuse: Regulation Changes are Necessary for Today’s Workforce.

In partial fulfillment of the requirements for English 215
Research and Writing
Summer 2014

To:
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employee developed end-stage renal failure and needed his mother to take him to medical appointments and care for him.
She took frequent leave from work in excess of the time allowed by her company’s attendance policy to do this. For some of her absences, she received approved FMLA leave. But for many others, she did not provide the required medical documentation to attain FMLA status. Ohio Bell discharged the employee, but her union negotiated a reinstatement with the agreement that she would provide proper medical documentation for the unapproved leave she had taken during the previous two months. However, she never provided the documentation. Instead, she continued to take unapproved leave from her job. Ohio Bell permanently terminated her employment. The employee sued under the
FMLA. The District Court granted judgment to Ohio Bell. It stated that an employee’s
FMLA rights are not absolute. The court declared that if an employer has a legitimate reason for discharging an employee that is separate from the employee’s exercise of
FMLA rights, the termination does not violate the FMLA. The employee had repeatedly violated Ohio Bell’s attendance policy and the agreement to reinstate her by not
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The current intermittent FMLA leave policy

currently states “federal law says we can take up to 12 weeks of unpaid leave if we work at a

company with more than 50 employees, with a caveat that we must have been employed there

for a year. The big benefit is that our jobs are protected during that leave.” (Goodman, 2013). If

the longevity of the requirements would change to a longer period, not as many employees

would be eligible for FMLA. In several branches, such as retail, of the current workforce

have a high turnaround time "You get high turnover. You get unreliable workers”

Lambert says. "If you have workers committed to your firm, you tend to produce a better

product. You provide a better service" (Davidson, 2011).

If the one year employment eligibility requirement is to be changed to a two year obligation

it would help keep reliable employees focused on the responsibilities given by their employer,

while help maintaining a lower turnaround time with quality employees. This would help to

determine who is worth keeping, and investing into; beyond the employers initial probationary

period of new hires.

A hypothetical example of the current one year employment requirement is an

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