Lebau & Neuworth attorneys frequently get questions from workers about their rights and protections on the Family Medical Leave Act. There are recurring misunderstandings and misconceptions about the Family Medical Leave Act, or FMLA. So here is a quiz for you about FMLA rights:
- You go out on a time loss workers’ compensation claim. Can the employer put the employee on concurrent FMLA leave?
- You suffer a worker’s comp injury and have to miss 13 weeks of work due to the injury. Is your job protected under the FMLA?
- If the employer makes a mistake and puts you on FMLA leave but you either have not worked for the company for at a least a year or not worked 1250 hours in the previous year. After the employer learns about its mistake, can it take away your FMLA leave
- The employer forgets to send you the FMLA. Can the employer count only the days after the late notice is sent as FMLA leave or can it send the notice and make it retroactive?
- Can an employer terminate you if you do not submit a completed medical certification form, even if you have a serious health condition?
- Can you be fired on FMLA leave legally for misconduct?
- Do you as an employee seeking FMLA leave had to call-in as required by an employer.
- After you submit the completed FMLA medical certification form, can an employer still send you to a doctor of its choosing to assess whether you has a serious health condition?
- Can an employer make a FMLA eligible take light dury work instead of going out on FMLA leave.
- Is it unlawful for an employer to hire a private investigator to follow and videotape you to see if you have a serious health condition, even after you are placed on FMLA leave?
Answer key: 1. Yes. 2. No, not under the FMLA, but maybe under disability discrimination laws. 3. Yes under the FMLA, but other claims may exist for the employee to have some protection. 4. Courts say yes, an employer can. 5. Yes, an employee must submit the certification within 15 days. 6. Yes, if the employer can establish that the worker would have been terminated for that misconduct had he not been on leave. Same concept applies in a layoff situation – if employer can establish that worker would have been included in the layoff had s/he not been on FMLA, employer can terminate. 7. Yes, absolutely. 8. Yes, and then to another doctor after that. 9. No. If employee accepts, the light duty work does not count against FMLA leave. 10. Yes, and if strong evidence of fraud, the employer could legally terminate the employee. For more information about your rights under the FMLA click on the Department of Labor, and don’t hesitate to contact a Lebau & Neuworth attorney.
