Legal Question in Medical Leave in Michigan

Dispute over end date of FMLA leave

I am a UAW rep. One of my workers requested leave for a major depressive disorder. On a general leave form, before checking into the hospital, he projected a return date (11/10/97). Subsequently, the company forwarded to him their FMLA medical certification of disablility form. On that form, the treating physician noted as the probable duration of condition "4-6 weeks." After his release from the hospital and after follow-up care, his physician released him to work on a date 7 days after the original projected date--that release date (11/17/97) was consistent with the "4-6 weeks" on the FMLA med. cert. The company is arguing that as the general leave form has a specific return date and that as "4-6" weeks on the med.cert. is non-committal, that the proper date of return is 11/10/97. On 11/15/97, the company notified the worker that he is considered a voluntary quit under the terms of the Collective Bargaining Agreement for failure to report at the end of a leave. They are refusing to consider the document from his doctor releasing him to work on 11/17/97. My guy's error in this was in not notifying the company of the change in return date beforehand. Is the seperation valid under FMLA rules? I'd like to know before pursuing a grievance.


Asked on 11/20/97, 1:50 am

1 Answer from Attorneys
Luther Sutter Harrill & Sutter

FMLA requires a cooperative effort

An employers cannot stick its hand in the sand and just stand by. If your employee provided his doctor's release for the seven days before hand, then there is definitely a case here. But, if not, then I still think this is grievable b/c it is the DOCTOR that determines the date of return to work- not the employee

I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.

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Answered on 11/20/97, 11:51 pm


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