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"affirmatively declining" FLMA leave Federal

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  • "affirmatively declining" FLMA leave Federal

    I am far from being an expert on FMLA matters, but I read about an interesting court case today that indicates that employees can "affirmatively decline" a qualifying FMLA leave. Which is the exact oppostive that I had previously understood. So I am throwing a cite to the article out there to get the ball rolling on this question.

    http://www.fmlainsights.com/notice/c...ourt-says-yes/
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  • #2
    I read the same article - different web site.

    http://www.seyfarth.com/publications/OMM0303LE
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      It is one circuit notorious for being overruled at the appellate level, one court, one case. I agree with the decision, just not the resaon for it. Technically if an employee failes to provide written documentation from a doctor of the need for leave, the company can decline to grant it, no matter what the employee tells them is the reason they are out. Documentation is still optional for employers so it is not an automatic way to decline FMLA and save it for later.

      Frankly this case just sounds like an irresponsible employee who was a professional leave taker and finally got called on it. After the fact she was looking for a way to stick it to the employer. 15 FMLA leaves is a lot no matter how you look at it. Not calling or showing up for more than 2 weeks, even when your husband works there and could easily convey a message is just irresponsible. Not buying that she intended to come back when she said when her ticket was for an entire month, especially when she specifically declined to ask for that month off after having the ticket in hand. Nor do I buy that she just "forgot" that she had a job and needed to contact someone.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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