Issue: Did the employer interfere with employee’s FMLA rights by not explaining to employee how her FMLA was to be calculated and how much time she had left?
In Highlands Hospital Corporation v. Preece, 2010 WL 569745 (Ky.App.), the Kentucky Court of Appeals held that the employer did violate the employee’s FMLA rights. The reasons are as follows.
Ms. Preece began working for the defendant as a Certified Nursing Assistant in July of 2000. Id. In April of 2004 she discovered she was pregnant. Id. She went to her HR person and was told she had 12 weeks of leave available but was not told how that leave was to be calculated. Id. Plaintiff was never informed she could use her accumulated vacation and sick days instead of FMLA leave. Id. Beginning June 16, 2004 up until the birth of her child on October 21, 2004, Plaintiff took intermittent leave. Id. She did not know that her time off was going towards her FMLA leave. Id.
Recently, in the Federal Sixth Circuit U.S. Court of Appeals, an FMLA case was heard in May of 2009. This case revolved around a female nurse practitioner who had sued her employer, the Church of Christ Home for the Aged. The lower district court had granted the employer summary judgment on Ms. Lafata’s Family Medical Leave Act (FMLA) claims.
In February of 2000, Ms. Lafata began working as a licensed practical nurse for the defendant at its assisted living facility. In November of 2000, Ms. Lafata hurt her shoulder while at work lifting a patient. In April of 2002, Ms. Lafata was promoted and became the Health Services Coordinator at the assisted living facility. In February of 2003, Ms. Lafata fell in her driveway at home and fractured her foot. It was placed in a cast. She returned to work 2 weeks later in March of 2003. But, after a short period of time, Ms. Lafata realized that she could not perform her duties and accordingly, a few weeks later got a note from her doctor and requested FMLA leave and disability leave from her boss. But, Ms. Lafata only received the disability forms and not the FMLA forms. She subsequently collected disability payments while on leave for her foot injury.
Two months later, Ms. Lafata received a letter at home informing her that her employer had filled her position. She subsequently filed a complaint with the Department of Labor (DOL). The DOL determined that the employer failed to comply with applicable notice requirements under the FMLA. Thus, following this investigation, the employer gave Ms. Lafata twelve weeks of unpaid leave beginning July 28, 2003 to October 20, 2003. Ms. Lafata gave her employer a doctor’s note stating that she could return to work.
Prior to returning to work, Ms. Lafata spoke to her employer and the discussion of what she was going to do came up. The employer told Ms. Lafata that the only position available was that of a Restorative License Nurse. Ms. Lafata told her employer that she could not do that as it required lifting and was not an “equivalent position” to the one she held before which was Health Services Coordinator. Her employer told her that was what was being offered and to take it or leave it. Ms. Lafata ultimately did not return to work and filed a charge of discrimination with the EEOC and after receiving a right to sue letter, filed her lawsuit. She hired a FMLA lawyer.
The below is a good video explaining FMLA. And if you watch this video, there are many other related videos that come up along with it that you can watch as well.
