Employer Should Have Seen FMLA Coming

May 7, 2007

How many times have you told yourself "I should have seen that coming." When it comes to FMLA, employers need to exercise ample foresight in notifying employees about the availability of FMLA.

It is not enough to have an FMLA notice posted in the employee break room. An employee need not specifically request FMLA leave or even mention the law. And you must do more than merely address FMLA in an employee handbook or a collective bargaining agreement (CBA), as one employer recently learned.

In Williams v. Illinois Department of Corrections, the employer (IDOC) learned that the failure to exercise foresight will likely result in significant damages. Paul Williams (Williams) was a union employee and worked for IDOC as a youth supervisor. . Williams’ mother suffered from several conditions, including kidney failure, obesity and high blood pressure. She needed Williams to care for her for an undetermined period.

When Williams explained the situation to his supervisor, he learned that he had not accrued enough leave time. His supervisor explained that Williams’ only option was to resign. Neither person mentioned FMLA or the CBA policy on Family Responsibility Leave. Williams resigned the next day with almost two weeks’ notice. Something happened later that night because on the very next day, Williams tried to withdraw his resignation and requested FMLA. Both his request and later union grievance were denied.

IDOC pointed out that Williams had only said that his mother might need kidney dialysis. The court, however, ruled against IDOC in its motion for summary judgment. Clearly, Williams had said enough to indicate a probable basis for FMLA leave. At that point, IDOC was required to notify him of his FMLA rights. Its failure was tantamount to interfering with Williams' FMLA rights. Therefore, a jury will hear this case. The court speculated that "a reasonable jury could find IDOC interfered with Williams' attempt to exercise his rights under the FMLA even if he did not give proper notice."

If Williams wins the case, he may be entitled to back pay–dating back to his November 2004 termination–and job and benefits restoration, among other damages. Employers who make hasty termination decisions where FMLA is an issue face great financial exposure. In other words, employers should see it coming.

Infinisource continues to provide FMLA resources and educational services. An upcoming webinar on serious health conditions will be on Tuesday, May 22. This webinar will review the top 20 serious health conditions and provide a 12-step decision-making process. For more information, contact our Seminars Department at 800-300-3838 or seminars@infinisource.net.