Learn How to Avoid a $600,000 FMLA Mistake

Leaves of absence can be one of an employers’ greatest challenges. Just ask Fulton County State Court, whose failure to wait another nine days for an employee’s certification will cost the County more than $600,000.

Infinisource has a solution to help with your FMLA challenges, described at the end of this article.

Regarding the lawsuit, which was decided in August, the Court of Appeals affirmed a District Court’s award of summary judgment in favor of the employee, Ralph Cooper.

During Cooper’s long tenure with the County, he had repeated undocumented absences for which the County reprimanded, suspended and twice threatened him with termination. These absences were due to depression and other health problems. The situation came to a head in June when Cooper went to the hospital with chest pains. He returned to work in mid-July, worked for two hours, then left due to illness. The next day he requested family leave because of blurred vision, headaches and passing out.

The County made two verbal requests to Cooper for a written doctor’s excuse of his absences. Then on August 4 the County made a formal written request. The request instructed Cooper to submit medical certification by August 10. Although Cooper obtained the certification by August 10, he did not provide it to the County until after that deadline. By then, the County had already terminated his employment.

The law is clear. FMLA regulations require employers to provide employees with written notice of the need for medical certification and at least 15 days for the employee to provide that certification, unless the employer previously provided the written notice within the prior six months. That did not occur here. Also, the Court clarified that Cooper did not have to specifically mention FMLA in his leave request. He provided enough facts to put the County on notice for the need for FMLA leave.

All that was left was the damages award. Cooper received almost $250,000 in back pay, more than $50,000 in pension benefits, and liquidated damages equal to those amounts because the Court deemed the County’s conduct unreasonable. Thus, while the County showed extreme patience over two decades in tolerating Cooper’s absences, its failure to wait an additional nine days cost the County a small fortune.

The costs of FMLA non-compliance rival those of COBRA. A single misstep can prove expensive. Infinisource is pleased to announce that, starting October 24, we will offer the first of several webinars on FMLA compliance. For more information or to enroll, please contact our Seminars team at 800-300-3838 or Seminars.

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