An employee who was terminated during their probationary period because they failed to report to work on time due to car failure did not violate the FMLA. "Car failure is not a serious health condition under the FMLA." Phillips v. Matthews, et. al., No. 4:06CV00925-WRS, 2007 U.S. Dist. LEXIS 91122 (E.D. Ark. Dec. 10, 2007).
Recent Posts
- "Heads-Up" that Employee "Might" Need FMLA Leave Insufficient to Invoke FMLA Protections
- OPM Issues Proposed Qualifying Exigency Military Family Leave Regulations
- OPM Advises Agencies to Use Revised DOL Medical Certification Forms: Proceed with Caution!
- NDAA 2011 to Amend USERRA to Allow Family of Deployed Members of the Uniformed Service to Take Up to 2 Weeks of Leave Annually
- Jordan To was employed by
- Non-Compliance with Employer's More Stringent Leave Procedures May Not Justify Denial of FMLA Leave
- Employer's Good Faith Belief of Theft Defeats FMLA Claim
- FMLA Leave Request Does Not Insulate Employee From Unrelated Discipline
- News Flash: DOL to Conduct FMLA Study
- 6-Month Need for Intermittent FMLA Leave Rendered Employee Unfit for Duty
Categories
- 12-Month Eligibility (3)
- 1250 Hours (3)
- 50/75 eligibility rule (1)
- Accommodation (1)
- ADA (7)
- Adequate Employee Notice (6)
- Adult children (1)
- After-acquired evidence (1)
- Arbitration agreements (1)
- Bonus Plans (1)
- Books (1)
- Burden of Proof (1)
- Chill (4)
- Civil service (3)
- Civil suit (2)
- Civilian military (1)
- Confidentiality (1)
- Damages (4)
- Denial of Leave (1)
- Disclaimer (1)
- Discrimination (3)
- DOL (12)
- EEOC (1)
- Eligibility (16)
- Employee (1)
- Employee fraud (2)
- Employee Notice (32)
- Employer Coverage (2)
- Employer Notice (12)
- Employer policies (9)
- Employer's duty to inquire (1)
- Evidence (2)
- Exhaustion of administrative remedies (1)
- fitness for duty certification (2)
- FLRA (1)
- FMLA Workshops (1)
- Fraud (2)
- Harassment (1)
- Health Care Provider (1)
- Hones Belief Defense (1)
- Honest belief defense (4)
- In loco parentis (3)
- Incapacity (4)
- Independent Reason for Discipline (9)
- Interaction with Other Laws (7)
- Interference (30)
- Intermittent Leave (8)
- Intimidation (1)
- Jury Trial (1)
- Layoff (1)
- Leave Amount (1)
- leave request (1)
- Leave year (1)
- Legislation (43)
- Liquidated damages (1)
- Medical Certification (22)
- Military caregiver leave (2)
- MSPB (8)
- Needed to Care For (7)
- News (1)
- News Flash (2)
- OPM (6)
- Paid leave substitution (5)
- Periodic status reports (3)
- Politics (2)
- Poster (2)
- Psychological care (1)
- Qualifying Exigency leave (2)
- Reasonable accomodation (2)
- Recertification (1)
- Record Keeping (1)
- Release/Settlement (2)
- Remedies (2)
- Retaliation (21)
- Return to Work (19)
- Serious Health Condition (15)
- Severance Agreements (1)
- Statute of Limitations (3)
- Substance abuse (2)
- Supervisors as FMLA Employers (2)
- Supevisor liability (3)
- Timely Employee Notice (1)
- Title II civil suit (2)
- Training (10)
- Treatment (1)
- Unemployment benefits (1)
- Unprotected Conduct (1)
- Usual and customary leave procedures (1)
- Waiver of rights (4)
- Willful Violation (3)
- Workers' Compensation (3)
January 2011
| Sun | Mon | Tue | Wed | Thu | Fri | Sat |
|---|---|---|---|---|---|---|
| 1 | ||||||
| 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| 16 | 17 | 18 | 19 | 20 | 21 | 22 |
| 23 | 24 | 25 | 26 | 27 | 28 | 29 |
| 30 | 31 |
Recent Comments
- jonathan on Civil Service Employees Do Not Have the Right to Sue for FMLA Violations
- jonathan on FMLA Expansion Does Not Apply Equally to Federal Employees
- jonathan on Federal Court Applies Wrong FMLA Standard to Federal Civil Service Employee
- y bell on FMLA Leave for Same -Sex Domestic Partnerships: The New OPM Leave Regulations as Stalking Horse
- Sue on Federal Circuit Applies Wrong FMLA Standard to Civilian Army Employee
- glenn on Return to Work from FMLA Leave for 3 Minutes Before Termination Violated FMLA
- Camille Berrios on Denial of FMLA Leave for Submission of Altered Medical Certification Appropriate Even if Employee Might Otherwise Be Entitled to Leave
- Theresa Chislum on Employer Interfered with Employee's FMLA Rights by Assessing Absenteeism Points Against Employee Granted FMLA Leave
- Ty Morring on Threatening Termination for Any Leave After Expiration of FMLA Leave Interfered With Employee FMLA Rights
- law offices of paul j lucas on Back to the Future: Legislation Introduced to Repeal the NEW DOL FMLA Regulations
Carl's Website
FMLA Organizations
OPM FMLA Final Regulations
DOL Final FMLA Regulations
FMLA Books
Title I FMLA
DOL FMLA Opinion Letters
OPM Family Sick Leave Regulations
OPM Leave Administration
Recently on this blog
Recently on other blogs
« No FMLA Expansion Today: President Announces Pocket Veto of Military Spending Bill | Main | Known Availability of Unlimited Paid Leave Trumps Denial of FMLA Leave »
The comments to this entry are closed.
Comments