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When an Employee Exercises The Right to a Protected FMLA Leave, They Sometimes Become a PITA to An Employer

But, what person is your employer? When I use the word employer for purposes of unemployment benefits, I nearly always mean the person with authority acting on behalf of a business entity when dealing with an employee. In reality, this person with authority .. is nearly always, another employee.

FMLA protects the jobs of employees who work for employers with fifty, or more employees, per the specific FMLA guidelines issued by the USDOL.

But many employees who take FMLA leave, will realize that getting sick, or having an immediate family member get sick and subsequently requiring this job protecting leave for up to twelve weeks per year is what turns them into a PITA (pain in the ass) for an employer.

HR may have a problem with a recent decision issued by the United States Court of Appeals for the Second Circuit.

I know, it's a court decision, but if you decide to read it, it may be a very familiar sounding story that rings true to your experience, that even employers who should know better, attempt to justify being non-compliant with a very important employment law that protect a lot, if not all at-will employees.




Graziadio v. Culinary Institute of America, et al

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