Questions and Answers with Nathan Whatley

Published: June 24, 2008

Q: Can you explain the recent ruling from a Federal Appeals Court, which expanded on an employer’s duty to designate an employee’s absence as covered leave under the Family and Medical Leave Act?

A: The 7th Circuit Court of Appeals reversed judgment in favor of an employer who had fired an employee after the employee had a strong emotional and physical reaction when a stray puppy wandered into her workspace. The employee engaged in bizarre and threatening behavior, called in sick day after day due to the stray dog, and failed to provide necessary medical certification to justify a medical leave of absence. The court found that the employee’s unusual behavior constituted “constructive notice” of the need for FMLA leave in the same way that watching an employee break a leg would constitute notice.

Q: Is this decision binding on Oklahoma’s Courts?

A: No. However, this is an area with few prior decisions and the opinion will have persuasive value with our courts .

Q: Are there any other new developments regarding the FMLA that employers should be aware of?

A: Yes. Earlier this year the Department of Labor issued new proposed FMLA regulations. Although these proposed regulations are not final, the period for public comment has passed and the next step will be for the department to implement final regulations. If enacted in their current form, the new regulations would significantly impact the manner in which the FMLA is interpreted and will require employers to make adjustments to their practices.

Q: What are some of the key changes in the proposed rules?

A: Among other things, the proposed regulations will allow male employees to take protected leave when attending prenatal appointments with a spouse. The proposed regulations also include more stringent requirements for employer notices to employees of the general rights under the FMLA Eligibility for Leave designation of leave and notice of consequences for an employee failing to provide notice of his or her need for leave.

Business Writer Paula Burkes

Comments