| Test Your Human Resources Knowledge | ||
|
| Labor Law Journal Submissions | ||
|
| Labor Arbitrators' Awards and Biographies | ||
U.S. Master Employee Benefits Guide, 2013 Edition
The ideal reference for HR personnel, benefits professionals, benefits attorneys, payroll managers, or anyone involved in the area of employee health and welfare benefits. This handy, authoritative book discusses pertinent federal tax and employment laws as they involve employee benefits plans. Part of CCH's "Master Guide" series, the U.S. Master Employee Benefits Guide provides straight-forward coverage of important employee benefits issues.
An employee's seven-week trip to the Philippines with her husband (who indisputably suffered from a serious health condition), ostensibly so that he could participate in a faith healing event at a Catholic "Pilgrimage of Healing Ministry," was not protected under the FMLA, a federal district court in Massachusetts has ruled.
The employee requested seven weeks' leave to care for her husband; she variously told her supervisors she wanted to take a vacation or that her husband was recovering from eye surgery, hip surgery, or angioplasty. The employer required her to obtain FMLA certification supporting the need for leave. After being advised that the employer did not receive the information necessary to evaluate her leave request, the employee left for the Philippines anyway. Meanwhile, her husband's cardiologist sent the employer a medical certification stating the employee did not need to take leave to care for her husband.
The employee was terminated for taking unapproved leave, and she filed suit, alleging, among other claims, FMLA interference and retaliation. Her claims failed, however: At no point during the entire trip did her husband receive medical treatment or visit a health care professional. While he did spend three and a half weeks attending the healing ministry, and "even if caring for a sick spouse on a trip for faith healing were protected because of its potential psychological benefits," nearly half of their trip was spent not in faith healing but visiting friends, family, and local churches. The FMLA does not permit employees to take time off to take a vacation with a seriously ill spouse, even if caring for the spouse is an "incidental consequence" of taking him on vacation.
The employee's ADA associational discrimination claim failed as well; the court rejected her assertion that the employer violated the ADA by requiring her to produce "unnecessary medical verification" of her husband's condition. Being asked to produce additional paperwork, even if the request was unreasonable, does not constitute an adverse employment action under the ADA.
SOURCE: Tayag v Lahey Clinic Hospital, No. 08-10727-PBS, DMass, January 6, 2010.
FMLANews CourtNews
Employee Benefits Management provides plain English explanations on creating, evaluating, and administering all types of employee benefit plans. Get practical guidance on the full spectrum of employee benefits including health plans, family leave, 401(k) plans, and more. Learn more »
©2005-2024 CCH Incorporated or its affiliates
