Employment Law: CLASS ACTIVITY:FMLA Flashcards
format for FMLA:
will give scenario
what law applies: FMLA
what employers are obligated to follow this law: 50 employees within 75mi radius
what is required: have to work 1250 hrs within 12 months
where would Lisa file a claim: United States Dpt of Labor
How long would she have to file: 2yrs
what is the employer’s legal obligation:
1) lLisa has returned to work from back surgery
now she must begin physical therapy for 4 hours every Mon, Wed, and Friday:
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
- what is the employer’s legal obligation?
- you find out that your supervisor has been writing her up for absences. What do you do?
law applies: FMLA
what employers are obligated to follow this law: 50 employees within 75mi radius
what is required for an employee to be eligible: have to work 1250hrs within 12 months
where would Lisa file a claim: US Dpt of Labor
how long: 2 yrs
what is the employers legal obligation: allowed off for 12 weeks and return to her job
you find out….figure out how to make her “complete,” will remove absences, if Lisa says well because I have too many, I got docked vacay days, will give vacay days back, have her sign off that this issue is resolved
will remove absences
give vacay days back
make them sign off that issue resolved
2) Frank mentions over lunch with a few managers and his supervisor Susan that he is tired from al of the driving he’s been doing taking his son to the doctor. Susan does not ask Frank any further questions even though she knows Frank has missed a lot of work due to his son’s medical condition. A few weeks later, Susan quits and Frank’s new supervisor writes Frank up for excessive absences and demotes Frank to a part time schedule.
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
- what is the employer’s legal obligation?
Determine which action of the company was legal and/or illegal and why? What should Susan have done under the law?
how did they break FMLA:
Susan did not bring up FMLA
Demoted him to part time
3) Bob, a sales associate, is on leave for hip surgery. While he’s off work you discover in a routine audit that Bob was entering false sales to to boost his commissions, essentially having items shipped to friends and returned once he was paid his commissions. the same was going on for several months before his surgery, and he received a lot of money in unearned commissions.
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
- scenario one: what if, in the past you had two employees who committed fraud. you fired one but the other was a really good employee, so you kept that employee. what do you do with Bob?
- scenario 2: what if you always fired employees for doing this. what do you do with Bob?
routine audit is fine, if audit is just on Bob –> retaliation (usually done to everybody)
you have a right to fire him because committing fraud
scenario one: Bob is the best employee, if not being consistent , do not do to Bob what would do to other employee, since kept other employees have to keep Bob or he will retaliate he was off of FMLA
scenario two: if stay consistent, fire Bob
4) Mary Beth is a nurse for a doctors office and is diagnosed with diabetes. Over the course of about one year, she incurs a total of 20 days of absences in a 12mth period. 12 of those absences are due to diabetes and the remaining 7 are due to sore throat, common cold, upset stomach. The employer has a strict enforced policy stating that an employee is terminated when they accrue 7 absences in a rolling 12mth period. The employer terminated her employment.
-determine which action of the co. was legal and/or illegal and why?
- Based on this case, what would you train your managers to do?
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
diabetes comes under FMLA
12 are for diabetes, 7 are sore throat, cold, upset stomach –> fire people for non FMLA - cold, upset stomach can be fired for that (allowed 3 days)
- chronic - is two treatments a year
- for serious health conditions it can be three days off two treatments a month(cold, upset stomach is non FMLA)
based on this case, managers should: employees will call in and write down sick (differintate between FMLA and non FMLA)
5) Maggie is pregnant and has severe morning sickness. Her employer tells her that she has a choice: she can either take off of work and be written up (and the days will not count against her 12 weeks FMLA time) or she can take off work and it will count against her 12 FMLA. In other words, if she misses 7 days for morning sickness and doc appointments, she is only allowed 11 weeks off after the birth of the child, but she will not be written up
- determine which action of the company was legal and/or illegal and why?
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
If uses 12 weeks for morning sickness, that is less weeks she can be home with her child after giving birth
Company gave option
* If miss one week of morning sickness, co will write you up for that week, but will give 12 weeks after baby is born
* Or take one week for morning sickness, and have 11 weeks after
You CANNOT write someone up for FMLA
* 12 weeks is minimum, so if give her a week for MS and 12 weeks for baby, can because unpaid cannot write someone up for FMLA
6) Jane was to start her maternity leave beginning in September. As her due date approached, the new payroll system for which Jane was responsible got delayed in Nov. Jane’s supervisor informed Jane that she needed to work from home and gave her a laptop computer. the work began the day she got home from the hospital and Jane worked nearly full-time during her leave. Jane received her regular salary. After her leave and successfully completing the payroll project, Jane was to be reassigned to a risk manager position
- determine which action of the company was legal and/or illegal and why?
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
how they broke FMLA: has to start working full time got home from hospital (can offer them to work, but cannot make them work)
- they made her work
- gave her different job/position - reassigned
7) for years, Jills managers at Boeing knew of her migraine headaches and Jill often missed work due to her headaches and would take vacay time or PTO to cover those days.
beginning in 2022 Jill’s migraines became more frequent. In June 2022, Jill was informed for the first time that she could apply for FMLA leave to cover those absences caused by her migraines. Jill took intermittent FMLA leave working partial days for the remainder of 2022 but in 2023, Boeing no longer allowed her to work partial days (them retaliating against her for using FMLA), so Jill’s absences were far more frequent than they were before
Jill was disciplined for unexcused absences which were caused by her migraines. Jill was fired when she took a 4 day leave of absences from April 29 through May 2, 2023 for migraine headaches. Jills supervisor testified at trial: “it was difficult to put up with her absences. in her last performance review, she got a poor eval because it was difficult since she missed so much work. When she was at work, she was a very effective, and I alluded to that in her performance review.”
- determine which action of the co. was legal and/or illegal and why?
- what law applies?
- what employers are obligated to follow this law?
- what is required for an employee to be eligible?
- where would Lisa file a claim?
Failed to tell her about FMLA in beginning (prior to 2022)
Quit allowing her to work partial days – violation/retaliation because not applying to everyone, mad at her for using FMLA
Disciplined for unexcused absences
Fired
Cannot give poor evaluation/mention medical document/information (what her supervisor said in court)
