The FMLA Blog

EXTRA, EXTRA: DOL Publishes Final FMLA Rules Regarding Military Family Leave and Airline Flight Crew Technical Corrections Act

For your reading pleasure, the DOL published its final FMLA regulations which mainly target military family leave changes resulting from the 2010 National Defense Authorization Act amendments and the Airline Flight Crew Technical Corrections Act of 2008. 

Enjoy http://www.gpo.gov/fdsys/pkg/FR-2013-02-06/pdf/2013-02383.pdf

 

FMLA Does Not Require An Employer to Provide Reasonable Accommodation To Facilitate Employee's Return to Work

In Hruska v. Vacation Charters, Ltd., No. 3:06-CV-01672, 2007 U.S. Dist. LEXIS 49273 (M.D.Pa. July 9, 2007), the employee was released to return to work with a restriction that he limit his work schedule to 40 hours per week.  Hruska was the Lodge Manager of the Split Rock Resort.  He regularly worked more than 40 hours per week.  Hruska believed that he had the right to return to his job with the same pay, and with an accommodation of a 40-hour work week.  The Employer refused to comply with Hruska's request. The employer argued that because he could not perform all of the essential functions of his position (i.e., work more than 40 hours per week), Hruska did not have the FMLA right to return to work.  The Employer offered to return Hruska to a different job at a different location with less pay.  Hruska refused, and filed suit alleging violations of the FMLA.

The Court agreed that the FMLA does not require an employer to provide reasonable accommodation to an employee to facilitate the employee's return to the same or equivalent position at the conclusion of medical leave.  However, the Court also found that Hruska could use his remaining 6 weeks of FMLA leave intermittently, until exhausted, in lieu of working overtime and eventually return to the work schedule expected of him as Lodge Manager.  On that basis, the court refused to dismiss the FMLA suit. 

Comment: The right to return to work from FMLA leave requires the employee to be able to perform all of the essential functions of the employee's position.  Unlike the Americans with Disabilities Act, the FMLA does not require an employer to provide reasonable accommodation (e.g., light duty) to facilitate an employee's return to work from FMLA leave where the employee is unable to perform all essential job functions.  If, however, the employee still has FMLA leave available, an employer may be required to accept the return of the employee and grant available intermittent FMLA leave. In this way, an employee can ease back into their job by working part days for a period of time.  As intermittent leave, an employer may be able to transfer the employee to an alternative position that better accommodates the employee's need for FMLA leave. 

FMLA Does Not Require Transfer as an Accommodation of a Serious Health Condition

Plaintiff, an elementary school teacher, demanded to be transferred to another school within the district because of problems she was having with the principal of her school.  Her repeated demands for a transfer were denied.  She asserted that she would not teach the next school year if her transfer requests were not granted.  Henry was AWOL the first several days of class during the new school year.  Instead of teaching, she went to the Central Office and demanded to be transferred.  On her last visit she provided a medical note indicating that she need three weeks of leave.  The Board notified Henry that it intended on terminating her for AWOL and insubordination.  It also granted her request for medical leave.  Henry sued alleging that the Board had retaliated against her in violation of the FMLA by denying her transfer requests.

The court found that Henry failed to establish her FMLA retaliation claim.  The court opined:

The Plaintiff is not entitled to damages under the theory that FCSD refused to accommodate her medical condition by transferring her to another school.  Such a claim for relief fundamentally misconstrues the purpose of the FMLA, which is merely to "entitle employees to take reasonable medical leave for medical reasons." ... There is nothing in the language of the FMLA that compels employers to provide broad based workplace accommodations to employees with serious medical conditions.  The only type of accommodation it provides is medical leave.

Henry v. Fulton County Board of Education, No. 1:05-CV-2008-TWT, 2006 U.S. Dist. LEXIS 74062 (N.D.Ga. Oct. 10, 2006)

Comment:  The FMLA does not require employers to accommodate an employer's serious health condition in any form other than leave.  Job accommodation may, however, be required by the ADA (if the employee's serious health condition also constitutes a disability), other laws, and/or employer policies, including the terms of a collective bargaining agreement.

FMLA Does Not Require Transfer as an Accommodation of a Serious Health Condition

Plaintiff, an elementary school teacher, demanded to be transferred to another school within the district because of problems she was having with the principal of her school.  Her repeated demands for a transfer were denied.  She asserted that she would not teach the next school year if her transfer requests were not granted.  Henry was AWOL the first several days of class during the new school year.  Instead of teaching, she went to the Central Office and demanded to be transferred.  On her last visit she provided a medical note indicating that she need three weeks of leave.  The Board notified Henry that it intended on terminating her for AWOL and insubordination.  It also granted her request for medical leave.  Henry sued alleging that the Board had retaliated against her in violation of the FMLA by denying her transfer requests.

The court found that Henry failed to establish her FMLA retaliation claim.  The court opined:

The Plaintiff is not entitled to damages under the theory that FCSD refused to accommodate her medical condition by transferring her to another school.  Such a claim for relief fundamentally misconstrues the purpose of the FMLA, which is merely to "entitle employees to take reasonable medical leave for medical reasons." ... There is nothing in the language of the FMLA that compels employers to provide broad based workplace accommodations to employees with serious medical conditions.  The only type of accommodation it provides is medical leave.

Henry v. Fulton County Board of Education, No. 1:05-CV-2008-TWT, 2006 U.S. Dist. LEXIS 74062 (N.D.Ga. Oct. 10, 2006)

Comment:  The FMLA does not require federal employers to accommodate an employer's serious health condition in any form other than leave.  Job accommodation may, however, be required by the Rehabilitation Act (if the employee's serious health condition also constitutes a disability), other laws, and/or agency policy, including the terms of a collective bargaining agreement.