See also CSR §11-150
Employee failed to establish that the Agency had the responsibility to provide her with accurate leave balances, as part of the Agency’s responsibility to “provide other required information about FMLA leave,” where FMLA does not require an employer to notify an employee that she has or lacks paid leave, and does not create the right to paid leave if none was earned under the Agency’s benefit policies. In re Anderson, 102-09, p. 4 (7/20/10).
The Agency’s benefit policies control the existence of paid leave, not the FMLA, which only permits an eligible employee to choose to use accrued paid leave, provided by the employer and accrued pursuant to established policies of the employer, concurrently with unpaid FMLA leave, provided the employee complies with any additional requirements in an employer’s paid leave policy. In re Anderson, 102-09, p. 4 (7/20/10).
Agency did not violate CSR § 11-154, governing the use of FMLA leave, when it did not inform appellant of her correct leave balances, where neither federal law nor the Career Service Rules require that an employer re-send a designation form every time there is a change in the amount of paid leave. In re Anderson, 102-09, p. 5 (7/20/10).
Detrimental reliance on a draft leave history does not render the Agency’s FMLA designation improper under CSR § 11-154, where Appellant unreasonably relied on the draft leave history, which she knew was high and was not final, and she had access to her own leave balances, and she failed to confirm her leave balance prior to taking extended leave. In re Anderson, 102-09, p. 5 (7/20/10).
The federal FMLA prohibits an employer from interfering with an employee’s right to apply for leave under the Act, or retaliating against an employee for the exercise of those rights. In re Dessureau, CSA 59-07, p. 5 (1/16/08); 29 U.S.C.S. §2615(a).
FMLA requires an employer to examine the certification of a health care provider in order to determine whether FMLA leave should be granted. In re Dessureau, CSA 59-07, p. 5 (1/16/08); 29 U.S.C.S. § 2613.
Where appellant raised a medical issue as reason for a restroom stop, agency’s decision not to inquire further based on the FMLA did not support finding of neglect of duty. In re Dessureau, CSA 59-07, p. 5 (1/16/08).
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