FMLA

Elizabetharess

We have a situation that occurred here. An employee was terminated when he did not show up for work. His "mother" called in for him on the day he was scheduled to come in. Our handbook states that an employee needs to find a replacement for their assigned shift, which he did not.
He was terminated for not finding a suitable replacement. A day after his termination the facility he worked at received a note from his physician stating that he was ill and could not come to work on x,y and z dates, none of which were on the day he missed when he did find a suitable replacement.
When the Director spoke with him after he finally called a few days later, he did not say he was seriously ill and did not mention that he needed FMLA coverage. He also called the Director a Bitch before they ended their conversation.
He has filed an FMLA grievance with EEOC.
This all took place at the facility, he was fired before I was consulted.
What does everyone out there think of the grievance and what weight does it carry for the employer in terms of liability?

SMace

[font size="1" color="#FF0000"]LAST EDITED ON 12-06-06 AT 11:03AM (CST)[/font][br][br]Here's my take based on my experience. The complaint would have been filed with the DOL. A DOL investigator will call you and demand you reinstate the employee with back wages. It is your choice whether you want to do it or not. If you do not, be prepared for a full audit.

I would get a competent employment attorney involved.


I also hope this is a wake up call for the Director.

edit: To opine further, your risk is huge if they audit you and find you've denied other ee's FMLA rights. Potential reinstatement with back pay, and fines. The investigators know this and they expect the employer to tuck their tail between their legs and give in. Tell them to take a leap (nicely) if you think you can weather the audit.