Question

Assignment: FMLA Obligations

Complete an Internet search for the case Spangler v. Federal Home Loan Bank of Des Moines.

Read the case and consider the presented facts.

Write a paper of approximately 750 words that answers the following questions:

What are the employer’s obligations under the FMLA?

What are an employee’s obligations when attempting to take leave under the FMLA?

What management practices or policies would you put into place to avoid a legal dispute over FMLA, such as the one in this case?

Answer 1

Case Summary:

Theresa Spangler Appellant V. Federal Home loan bank of Des Moines.

The employee started suffering from depression and brought this case against the Federal Home loan Bank of Des Moines, she alleged that her termination by the bank violated her rights under the Americans with disability act (ADA) of 1990 and the family medical leave act (FMLA). Spangler contested the judgment of the district court which ruled in favor of the bank under both ADA and FMLA.   The district courts decision on FMLA was upheld but ADA went In favor of Spangler.

Employers Obligation under FMLA are as follows:

1.“Under FMLA an eligible employee is entitled to 12 weeks of leave in a period of 12 months if the employee is suffering from a serious health condition where she is unable to perform the duties and functions of her employment.”

2.Health condition includes a mental health condition which: 1. Required hospital care or residential medical care. 2. Where the patient needs the support of a health care provider for continued treatment.

3.The FMLA was created to protect employees who might suffer from a temporary disability and are unable to perform their necessary employment functions for a short duration of time. This would protect them from losing their job due to a short-term health issue.

Employees Obligation under FMLA is as follows:

1.FMLA leave entitles the employee to be reinstated in the same job with same duties and responsibilities

2.The employee has to provide the employer 30 days notice prior to taking leave; this will ensure suitable arrangements are made by the employer to manage the activity.

3.The 30 days cause can be waived in case it’s an unforeseeable medical emergency or a due to unforeseen medical requirement.

4.The employee has to inform as soon as its reasonable possible to communicate and inform the employer in a day or two.

5.The employee can also communicate through phone, text, email or a fax message.

To avoid a legal dispute with an Employee under FMLA, I would implement following policies:

1.The employee should be communicating a medical emergency to their supervisor or the Human resource manager even with a text message as soon as convenient.

2.The employee will be requested to inform of medical emergencies before leave and share job responsibilities with a standby colleague.

3.The employer should allow the employee to inform informally to avoid dispute and ensure work is suitably carried out. The final responsibility of the job is with the employee and he has to ensure its suitably carried out.

4.The absence of more than 15 days will shift you to another profile less critical temporarily with same perks and pay till you can bounce back and suitably handle your old responsibilities.

5.In case the employee is suffering from a long-term illness or disability shift him or her to noncritical routine roles and also advise the person that he/ she might be terminated due downsizing or job being eliminated.