The Family and Medical Leave Act ("FMLA") continues to be one of the most difficult employment statutes for employers to comply with. Many people, especially mid-level managers, simply do not appreciate that the FMLA's leave provision allows an eligible employee to take time off to care for a sick family member. A perfectly healthy adult male can sue under the FMLA when he is refused time off to care for a sick wife or child. That is exactly what is alleged in Walter Mcleroy v. Walmart, recently filed in federal district court in Pensacola, Florida. According to the complaint, the eligible employee requested paperwork to take FMLA leave to care for his wife while she was being treated for heart disease. A mid-level manager terminated him the next day. The complaint is here:
The FMLA is one of the few federal employment statutes that actually places affirmative duties on an employer. An employer is obligated to inform an employee of his potential FMLA rights. Unlike TItle VII and the ADEA, the employer does not get to sit back and wait for the employee to specifically request FMLA leave. Sarelson Law Firm has handled FMLA interference and retaliation lawsuits and is especially keen at representing employees who are contemplating FMLA leave. Consulting an attorney before you request leave is the best way to ensure that your rights are protected.
