FACT OR FICTION: You must provide FMLA to someone who “potentially” qualifies for it

Fact or Fiction?That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Employee comes to you with a leave request in which he potentially qualifies for FMLA. Must you provide it?

Break ’em off Eleventh Circuit Court of Appeals:

“The plain text of the [FMLA] provides a cause of action against employers who ‘deny the exercise of or the attempt to exercise, any right provided under this subchapter.’ Nothing in the statute speaks of ‘potential rights.'”

So, the answer to today’s “Fact or Fiction” is fiction.

However, remember that if an employee comes to you requests leave that potentially qualifies as FMLA leave, you still must ascertain whether the employee’s absence actually qualifies for FMLA protection.

And don’t forget that the employee doesn’t need to use the letters “FMLA” in order for his leave to qualify under the FMLA. So, educate your supervisors and others who may receive leave requests to know the type of leave that could qualify as such under the FMLA, and to respond accordingly.

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