FMLA Standard Defenses
annmarie
15 Posts
This is a new subject for me as an attorney in Indiana and I need some quick answers. I need to know the Standard Defenses an attorney would use in an Answer to an FMLA complaint. Please advise! Thank You!
Comments
Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]
On another note, it is highly unusual to see a lawyer seeking legal advice on The Employers Forum. I don't know if I'm surprised or impressed.
In essence there are only about 8 or 9 things an employer can do that might violate FMLA protections. But, are all of these not potential defenses? Let's see: employer did comply with the law in posting policy and making it available to employees, employer is not covered under the ACT, employee was not eligible for FMLA, employee did not comply with application requirements, no medical certification was provided, medical certification did not meet definitions of serious medical condition, employee did not comply with requirement to provide periodic update, ee did not return nor request extension at conclusion of leave, employer did return ee to work in accordance with the ACT.
Maybe I didn't understand the question. I should know that VMiller is always (fairly) accurate.