Urban Vs. Dolgencorp of Texas
FMLA
The Family Medical Leave Act (FMLA) is just one aspect of the field of employment law which encompasses many different areas. Ty Hyderally is an experienced lawyer who has practiced and litigated employment law for decades. The FMLA is very specific about the instances in which employees can take medical leave and be covered by its provisions. Tayeb Hyderally has seen many instances where a business did not honor their legal responsibilities. In these instances employees who are covered by FMLA have the right to legal representation in order to be compensated. But in some instances such as Urban vs. Dollar General, it is the employee who does not fulfill their legal responsibility.
Debbie Urban vs. Dolgencorp of Texas, Inc.
Ms. Urban became employed by the Dollar General in Abilene, Texas in May of 2001. The next year, Urban who had been advanced to the position of assistant store manager, needed to undergo bilateral carpal tunnel surgery. Surgery was scheduled for the end of May, 2002. Urban requested medical leave as provided under the FMLA. She asked for a leave that would start on June 1, 2002 and end on August 24, 2002. Urban was informed by Dollar General that they would consider the leave of absence to qualify for FMLA but that she would need to provide the medical certification from her physician in order for the leave to be approved and protected by FMLA guidelines. The company set the deadline for the completed paperwork to be turned in on June 24, 2002. Urban requested a 15 day extension on the deadline which was granted by Dollar General. The new deadline to be met was set as July 9, 2002. When company officials failed to receive the qualifying forms by the deadline they sent Urban a letter stating that her employment had been terminated due to the non-FMLA leave which left her absences classified as unauthorized. Urban claimed that the physician lost the forms and failed to return them in a timely manner.
FMLA Law Suit
Urban took legal action and filed a suit in the state court in September of 2002 stating that the company had terminated her employment and was in violation of the FMLA. Dollar General filed a motion for the case to be moved from the state courts to the federal courts since it was dealing with laws on a federal level. The federal courts sided with the officials of Dollar General since certification was never submitted and therefore cannot be considered “incomplete.” Urban lost her case since she failed to provide the proper documentation to prove she had an FMLA qualifying condition. The court stated that Urban’s argument could not be upheld and if they had agreed with her employers would not be able to set determined deadlines by which medical certification would need to be returned. This would instead obligate the company to continue extending the deadline and this could go on indefinitely. The company was not required to extend the deadline in order to be in compliance with FMLA stipulations.
What is needed for an FMLA certification?
When an employee requests leave under the FMLA they must provide a certification which is completed by their physician. It must contain the date the serious health condition began as well as how long the condition is expected to continue. The physician will also be required to present the facts about the condition which are appropriate as well as a statement which explains that the employee is not capable of performing the general functions that their job requires. This is necessary for any employee such as Urban who needs to take a medical leave from work in order to qualify for FMLA leave.
Debbie Urban vs. Dolgencorp of Texas, Inc.
Ms. Urban became employed by the Dollar General in Abilene, Texas in May of 2001. The next year, Urban who had been advanced to the position of assistant store manager, needed to undergo bilateral carpal tunnel surgery. Surgery was scheduled for the end of May, 2002. Urban requested medical leave as provided under the FMLA. She asked for a leave that would start on June 1, 2002 and end on August 24, 2002. Urban was informed by Dollar General that they would consider the leave of absence to qualify for FMLA but that she would need to provide the medical certification from her physician in order for the leave to be approved and protected by FMLA guidelines. The company set the deadline for the completed paperwork to be turned in on June 24, 2002. Urban requested a 15 day extension on the deadline which was granted by Dollar General. The new deadline to be met was set as July 9, 2002. When company officials failed to receive the qualifying forms by the deadline they sent Urban a letter stating that her employment had been terminated due to the non-FMLA leave which left her absences classified as unauthorized. Urban claimed that the physician lost the forms and failed to return them in a timely manner.
FMLA Law Suit
Urban took legal action and filed a suit in the state court in September of 2002 stating that the company had terminated her employment and was in violation of the FMLA. Dollar General filed a motion for the case to be moved from the state courts to the federal courts since it was dealing with laws on a federal level. The federal courts sided with the officials of Dollar General since certification was never submitted and therefore cannot be considered “incomplete.” Urban lost her case since she failed to provide the proper documentation to prove she had an FMLA qualifying condition. The court stated that Urban’s argument could not be upheld and if they had agreed with her employers would not be able to set determined deadlines by which medical certification would need to be returned. This would instead obligate the company to continue extending the deadline and this could go on indefinitely. The company was not required to extend the deadline in order to be in compliance with FMLA stipulations.
What is needed for an FMLA certification?
When an employee requests leave under the FMLA they must provide a certification which is completed by their physician. It must contain the date the serious health condition began as well as how long the condition is expected to continue. The physician will also be required to present the facts about the condition which are appropriate as well as a statement which explains that the employee is not capable of performing the general functions that their job requires. This is necessary for any employee such as Urban who needs to take a medical leave from work in order to qualify for FMLA leave.