fmla recall

Mike Maslanka

air west got nailed in an fmla case...here's that their policy said---employees are entitled to up to 12 calender weeks of unpaid fmla leave within any 12 month period....they fired an employee and air west said she had used up her allotment of 12 weeks and we calculate based on the rolling year method...9th circuit said that the policy was too ambiguous,that it could either mean a rolling method or a calender year method ,and if it's a calender year then the allotment did not run out and you fired her in violation of the fmla...decided on august 8th by the ninth circuit...reagrds from texas,mike maslanka,214-659-4668

skipper

[font size="1" color="#FF0000"]LAST EDITED ON 09-05-01 AT 08:07AM (CST)[/font][p]It's always interesting to see how courts interpret company policies. Our policy on FMLA states "...up to 12 weeks in any 12-month period...The 12-month period begins on the first date leave is used." In your opinion, does that close the door tight enough? Or does anyone have other recommended wording? Thanks!

Mike Maslanka

sounds like it's ok...you might want to review the regs in the cfrs...also,when it comes time to revise policies,you might want to revise it with an example...good luck...mike maslanka,214-659-4668

Gar

"Within any 12-month period"? If I were the big mucky-muck at Air West, I'd reinstate the emoployee and fire the person who wrote the policy.