#FamilyandMedicalLeaveAct

I often tell my crazy teenagers that it doesn’t matter what you mean to say – it matters what the other person actually hears. (I’m not sure they actually hear me when I say that…) And a recent Family and Medical Leave Act case proves my point and provides a lesson for employers. Curlee v. Lewis Bros. Bakeries Inc. of Tennessee highlights the need for employers to be very careful and very clear in their verbal communications with employees about Family and Medical Leave Act obligations.
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Any HR professional who has dealt with the Family and Medical Leave Act knows that determining when and how the statute applies can be very tricky.  One thing that is clear, however, is that employees who have worked for less than one year and have not worked a total of 1250 hours are not eligible for FMLA leave and thus are not protected by the statute.  Or so we thought!  A case from last week, Reif v. Assisted Living by Hillcrest, LLC, dispels the notion that employees who have worked for less than a year are never subject to the protections of the FMLA.
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