Metro North Railroad Violates Family Medical Leave Act

Posted on May 21, 2009 by Charlie Goetsch

 

After a week long trial, a federal court jury in Hartford, Connecticut, has issued a verdict finding that Metro North Commuter Railroad violated the Family Medical Leave Act when it denied its employee his right to take FMLA absences protected from discipline. The worker is a Gulf War veteran with combat related PTSD who has the right to take intermittent leave to deal with the unforeseeable effects of that serious medical condition. His supervisor's repeated attempts to discourage him from taking FMLA absences escalated into a loud confrontation when the supervisor shouted, "Bid out now or I will find a way to fire you!" This precipitated a major panic attack in the employee, requiring him to take FMLA leave for the rest of that day and the next. The supervisor recorded those leaves as FMLA, but then two weeks later filed disciplinary charges after altering the attendance payroll records to change those days into unprotected non-FMLA absences.

By declaring Metro North violated the FMLA, the jury's verdict exposes Metro North to paying hundreds of thousands of dollars in attorneys fees and costs generated by the lawyers on both sides during two and a half years of federal court litigation. This is the first FMLA case to go to trial against Metro North, and if Metro North's hostility toward the FMLA continues it certainly will not be the last.

Tags: , ,

Don't Be Tripped Up By The New FMLA Regulations

Posted on January 5, 2009 by Charlie Goetsch

 

On January 16, 2009, several changes to the FMLA regulations will go into effect.

The biggest change from a worker point of view concerns how and when employee give notice of taking FMLA leave. Before, employees had up to two days after an absence to notify employers they actually were taking FMLA leave. Now--absent an emergency or unusual circumstances--an employee needing FMLA leave must follow the employer’s usual and customary call-in procedures for reporting an absence. This applies to intermittent FMLA leaves as well as leaves for a block of time.

What this means is that the FMLA will not protect a worker from discipline for an absence unless the worker notifies the employer of the FMLA absence by following the usual call-in procedure for announcing a non-FMLA absence.

There's more.  Employers can no longer count "light duty" assignments as FMLA leave.  And employees who take intermittent leave may be required to complete "fitness for duty" evaluations before returning to work.  Click here for the Department of Labor's summary of all the new FMLA regulations. http://www.dol.gov/esa/whd/fmla/finalrule.htm

Tags: , , ,

Don't Be Afraid To Fight For Your FMLA Rights

Posted on January 1, 2009 by Charlie Goetsch

You wouldn't know it by how railroads treat it, but the FMLA is a remedial statute that must be broadly construed to effectuate its humanitarian purpose. And the purpose of the FMLA is "to entitle employees to take reasonable leave for medical reasons," and to help working men and women "balance the demands of the work place with the needs of families." 29 U.S.C. § 2601(b)(1) and (2). The FMLA is about family values, about allowing workers to be responsible spouses and parents. So when a worker is denied his FMLA rights, it hurts his entire family.

Even though railroads may try to treat the FMLA as if it were a hyper-technical law with rigid rules, courts and juries do not. So the bottom line is, do not be cowed by the 3D campaign of railroads against the FMLA. 3D is shorthand for "delay, deny, discourage."  Even though the FMLA is supposed to be applied in a liberal manner,  railroads delay by bouncing back adequate doctor certificates. Then they deny FMLA applications for bogus reasons and hope the worker doesn't challenge them.  The ultimate goal of the 3D campaign is to discourage workers from even trying to apply for FMLA leave in the first place. Unless workers stand up to the railroads' illegal 3D behavior, the remedial purpose of the FMLA will be defeated. 

The good news is, Congress allows workers whose FMLA rights have been delayed or denied to immediately file suit in federal court so judges and juries can hold employers accountable. The remedies under the FMLA include the voiding of any discrimination or discipline, double damages for lost wages and benefits, and attorney fees and costs. And a worker can file suit not only on behalf of himself but also on behalf of all his fellow workers in order to stop the railroad from continuing to violate the FMLA.  So don't be afraid to stand up and fight for your FMLA rights--by stopping the railroad from violating the FMLA you are helping your family and the families of all your co-workers.  For more information on the FMLA, go to the Department of Labor's website www.dol.gov/esa/whd/fmla/

Tags: , , ,