I was approved for FMLA in December. However I did not need to use it until the following April. Once I returned to work my employer advised me that my paperwork was unfortunately misplaced, and that i would now need to go and get recertified or the time missed would count against me and/or cost me my job. I saved a copy of the approved December leave. On my way to get my paperwork i was in a terrible car accident in which i was rearended. I was able to find the approved December paperwork my employer lost. Could my employer be held liable since it was their fault I was asked to get recertified.
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Q: I was approved for FMLA
Answers (2)
11/10/09 10:08pm
Hi Blackshear -
I'm sorry to hear about your accident, and the trouble you had to go to to take your FMLA leave. You could consult an attorney about your question and get a more specific and detailed analysis than I can give you. Based on what I remember about causation from law school, although your employer may have caused you to go get the paperwork, they did not do anything that directly or indirectly caused the accident. I strongly suspect they could not be found liable for the accident since an independent agent (the other driver) was the cause, and your employer didn't cause that driver to be there or to hit you.
I hope you make a good recovery from your accident!
- Megan
11/10/09 10:12pm
In looking back over your question again I realize you may not have been asking about liability for the accident. Is that what you meant, or were you talking about liability for the re-certification? FMLA permits employers to require you to be recertified, even as often as every thirty days!
- Megan
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