Legal Question in Medical Leave in Texas

Is There A Downside To NOT Require Employees Apply for FMLA?

I am the human resources manager for a company in Carrollton, TX.

The President of our company prefers to request FMLA on a per case basis. I am leary with this because of potential liability regarding those required to apply and those not required to apply.

Can you provide me with a good enough reason or case reference for me to present to him so that he can see the poosible liabilities of handling absences and illnesses on an individual basis?

Thanks


Asked on 7/26/02, 4:20 pm

1 Answer from Attorneys
Kevin Michaels Law Offices of Kevin R. Michaels, P.C.

Re: Is There A Downside To NOT Require Employees Apply for FMLA?

The FMLA applies to every employee provided they meet the criteria set out in the act and as long as the employer does also. I hope I am not telling you something you already know. This necessarily means that it is decided on a case by case basis. As the employer, you just need to make sure that employees know they have the option to request FMLA. To decide any other way may instead open the company up to a discrimination charge.

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Answered on 7/30/02, 11:28 am


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