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Common Sense: How Family Medical Leave can get you fired

  • Broadcast in Current Events
Chef Robb

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Common Sense: Family Medical Leave Act Violations! Immediate Supervisor May Be Individually Sued for FMLA Violations A. FMLA violations cover the entire spectrum of the governing regulation, Title 29 of the CFR, Part 825. However, the most common violations are listed below. 1. Denial, withdrawal, or "not currently approved", of FMLA because of untimeliness when the FMLA specifically stipulates that the issue of timeliness should be based on circumstances. 2. Denial, withdrawal, or "not currently approved", FMLA for not abiding to suspense dates that are unreasonable under the circumstances. Although this is also an issue of timeliness, there is no stipulation in the FMLA for suspense dates for different actions. This is a question of what is reasonable, and what is not, given the circumstances. 3. Denial, withdrawal, or "not currently approved", FMLA recertifications when initiated by the employee when they are not incapacitated or receiving active treatment from a physician, ie., continued office visits for treatments, etc. The FMLA distinctly states that the concept of "continued treatments" include, but is not limited to, prescription medications, supportive devices, ie., Oxygen, etc. 4. Denial, withdrawal, or "not currently approved", for FMLA because management determines that a "medical condition" is not a serious health condition when they are not qualified to make such a determination. Even if an employer’s health representative made such a determination, there is no provision for such a determination unless it is part of a third (3rd) opinion. An employer’s health representative cannot act on behalf of the employer in a second opinion. 5. Denial, withdrawal, or "not currently approved", for FMLA recertifications even though management requested such certification, and the denial is without just cause. 6. Denial of FMLA leave in general when the statutes do not allow a denial under most circumstances. 7. Withdrawal of FMLA, once