Forced Overtime Policy Violates FMLA

Debra Nelson and Michael Krah are corrections officers for Allegheny County, Orlando. Krah has been certified as eligible for intermittent leave under the FMLA on account of his need to care for his mother, who is suffering from Alzheimer’s. Nelson has been certified as eligible for intermittent leave under the FMLA by reason of her own serious medical needs. Because of these conditions, Nelson and Krah are restricted from…

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Q&A

From Iowa Question: Do Garrity rights apply during an internal investigation (administrative investigation) for police officers who are not the subject of the investigation but may merely be witnesses? For instance, I sat in on a series of interviews today, and for the first one, the sergeant stated that he understood Garrity only applied to those who were the subject of the investigation, and not witnesses. I asked if…

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Employee Need Not Say ‘FMLA’ In Order To Request FMLA-Qualifying Leave

Yasin Reeder was employed as a police officer for the Wayne County, Michigan Sheriff’s Office, and worked in the jail. In 2013, Reeder began to experience anxiety and depression that interfered with his ability to work. He attributed the anxiety primarily to the discovery of his brother’s body in the Detroit River after he’d been missing for several months, and to his father’s terminal cancer diagnosis. Reeder began to…

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How The ADA And FMLA Interact In The Fitness-For-Duty Process

Susan White is employed as a Senior District Attorney Investigator with the Los Angeles County District Attorney’s Office (DA). Her job includes personally serving arrest warrants, making arrests, interrogating suspects, and booking prisoners, and requires police officer certification. Beginning in late 2009, around the time of the death of her brother-in-law, White began experiencing emotional difficulties. She was observed acting erratically in the workplace, with very high emotional highs…

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Q&A

From California Question: Does the FMLA restrict an employer from contacting an employee who is off on sick leave (stress) to set up a future interview date/time for an IA investigation where the employee is the subject of that investigation? Rumor is the stress medical condition is partly caused by the employee being the subject of the IA investigation. Answer: To the best of my knowledge, this issue isn’t…

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