Client Alert - Employment Law Update
Federal Court Rules on Issue of First Impression Under FMLA
The U.S. District Court for the Northern District of Illinois recently decided against an employer that required its employees to furnish medical excuses for each absence taken under the Family and Medical Leave Act (the FMLA).
The case of Jackson v. Jernberg Industries, Inc., No. 08-cv-3339 (January 8, 2010) began when Matthew Jackson was injured at work. After scheduling hand and wrist surgery, Mr. Jackson applied for, and was granted, intermittent FMLA leave.
The FMLA
Under the FMLA, eligible employees are entitled to a total of twelve workweeks of leave during any 12-month period because of a serious health condition that makes them unable to perform the functions of their position. An eligible employee who takes FMLA leave because of a serious health condition may do so either in consecutive blocks of time, or intermittently.
Although employers may verify that an absence is FMLA-related, they are prohibited from interfering with or discouraging the exercise of these rights. Thus, the FMLA provides that employees are required to explain their need for FMLA leave, and may have to support their explanation with a health provider's certification. However, the FMLA's regulations limit how often and with what notice an employer may demand certification.
The Decision
Issues arose between Mr. Jackson and his employer because it maintained an attendance policy that required both verbal notification of a medically necessary absence, as well as a doctor's note. Mr. Jackson complied with the policy prior to having surgery, but after returning to work post-surgery, only provided verbal notices of absences. When his employer requested additional doctor's notes for each absence, he maintained that the earlier notes were sufficient. After a series of absences both related and unrelated to his wrist surgery, his employer suspended and eventually terminated him for failing to provide the required doctor's notes.
The Court concluded that under the FMLA and its regulations, Jernberg Industries was limited to "recertification" if it questioned the validity of Mr. Jackson's condition. The Court further concluded that the company's practice of requiring a note upon each absence despite its previous acknowledgment of his ongoing condition discouraged him from taking FMLA-certified leave. The Court did note that an exception could arise in cases where there is evidence that an employee may be abusing FMLA leave, but did not find it to apply in this case.
What to Do
Until an appellate court holds otherwise, employers in Illinois generally cannot require doctor's notes every time an employee takes FLMA leave on an intermittent basis. Secondarily, this case illustrates how employment policies can have unintended consequences, and create potential liability in unexpected ways. To reduce these risks, policies should be drafted and periodically reviewed in a comprehensive way with consideration given to multiple regulatory schemes, and new judicial decisions interpretting those laws.
If you would like more information about how this decision affects your business or would like counsel concerning your employment policies or practices, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com
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