Mix-ups with leave-related paperwork can bring on expensive headaches, as one employer recently discovered. Sam Duty, a mechanic and welder at Norton-Alcoa Proppants, injured his neck at work and took seven months of medical leave. But eventually a dispute erupted when it turned out that an error in the company’s FMLA paperwork gave Duty more leave than he was entitled to. We’ll examine this case and explain the pitfalls to avoid when advising employees about the length of their FMLA leave.
FMLA Notice Sent Out
The problem arose after Norton-Alcoa sent Duty a letter six months into his leave informing him that his medical leave qualified as FMLA leave. The letter told Duty that he would be restored to his job if he returned to work within 12 weeks of receiving the letter and if he presented a doctor’s release.At the end of the 12 weeks specified in the letter, Duty called the HR coordinator to ask what he needed to do to return to work. The HR coordinator told Duty that he had been terminated because his leave had well exceeded the 12 weeks of FMLA leave he was entitled to and he had not come back to work.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.
Employee Claims FMLA Violation
Duty sued, claiming that Norton-Alcoa violated the FMLA by firing him when his leave ended. Norton-Alcoa argued that the FMLA notice it sent to Duty six months into the leave was a mistake because by then his FMLA leave had been long exhausted. The company also asserted that Duty was never entitled to FMLA leave in the first place because he hadn’t worked 1,250 hours in the year preceding his leave as the FMLA requires.
Appeals Court Upholds Jury Award
A jury sided with Duty and awarded him back pay and punitive damages of $305,000. And a federal appeals court has now upheld the verdict. The appeals court said that Norton-Alcoa couldn’t challenge Duty’s right to bring an FMLA claim because Duty reasonably relied on the company’s erroneous FMLA notice to determine how much leave time he had.
The appeals court also rejected as irrelevant Norton-Alcoa’s argument that Duty didn’t actually qualify for FMLA leave because he hadn’t worked enough hours. The court explained that Duty was entitled to rely on the company’s letter stating that he could take 12 weeks of leave—even though the letter mistakenly granted him more benefits than he was entitled to.
How To Avoid Mistakes
This case underscores that errors in your family and medical leave paperwork could cost you a bundle. Here are suggestions to avoid problems:
- Check eligibility. Carefully review whether an employee has met eligibility requirements for family and medical leave—before you notify them that their time off counts as leave under the California Family Rights Act (CFRA) or the FMLA.
- Use caution with form letters. Automatically sending the same letter to all employees can create trouble if an employee has an unusual situation. Although it takes more time, you might want to modify each notice to the individual employee’s circumstances.
- Provide appropriate notices. You are required to post a notice explaining rights and responsibilities under both state and federal family leave laws. You also must provide special notices after employees inform you of their intent to take family leave. Make sure to communicate to employees that their leave counts toward their 12-week FMLA and CFRA entitlement.
- Consider accommodations. If an employee on FMLA leave has a medical condition that also qualifies as a protected disability, you could be required to provide a reasonable accommodation for the person. Even if their FMLA leave has ended and they’re not ready to return to work, you may have to consider whether a leave extension would be a reasonable accommodation.