Rainey Kizer Attorneys Lindley and Dexter Outline Three Areas of the Family Medical Act

Dyersburg, TN (April 18, 2013) – Compliance with the Family Medical Leave Act (FMLA) creates special challenges for human resource executives, according to attorneys Geoffrey Lindley and Latosha Dexter of Rainey, Kizer, Reviere & Bell PLC (Rainey Kizer) https://raineykizer.com/attorney/geoffrey-lindley/.   Speaking before the April Legal Seminar of the Volunteer Chapter of the Society for Human Resources Management meeting in Dyersburg, the two outlined three areas that demand careful navigation.

The FMLA allows for qualifying employees to take up to 12 weeks of unpaid leave during a 12-month period.  “There are four methods which employers can use for determining this period,” Lindley said.  “It is important to select a method and to inform employees of the method selected,” he explained.  “If an employer fails to select a method, the option that provides the most beneficial outcome for the employee will be used.”

The law also outlines certain situations that permit employees to take advantage of FMLA leave.  Employers may require documentation to ensure that employees qualify under one of these situations.  “Both parties must comply with the regulations, otherwise employers risk enforcement actions, and employees may lose their leave time or be subject to dismissal,” Dexter explained.

A third area of concern for human resources professionals is the intersection between the FMLA and the Americans with Disability Act (ADA).  Whereas the FMLA allows 12 weeks of leave during a 12 month period, the ADA allows an indeterminate amount of leave as a reasonable accommodation.  “When an employee seeks leave under the ADA, the employer may require a medical examination of an employee and make inquiries to determine if an employee can perform job-related functions,” Dexter noted.  “In such a situation, an employer should push the health care provider for a timetable for the employee to return from leave so that the employer can make a decision as to how much leave is reasonable and at what point such leave may become an undue hardship,” she explained.

“Failure to comply with these regulations can put businesses at risk for enforcement actions, including financial penalties,” Lindley reported.  “That’s why it is important for HR executives to proceed with caution when addressing these issues.”

The Volunteer Chapter of SHRM is comprised of HR professionals in Dyer, Lauderdale, Madison, Obion and Tipton counties in Tennessee.  Its membership includes professionals from manufacturing, health care, financial, insurance, and service industries.

At Rainey Kizer, Lindley’s practice areas include employment law litigation (representing employers only), municipal law and government tort liability, civil rights litigation, and workers’ compensation.  He also has experience representing police departments and municipalities in 42 U.S.C. § 1983 litigation.  Lindley is a graduate of the University of Tennessee School of Law, where he was associate editor of Transactions: The Tennessee Journal of Business Law.

At Rainey Kizer, Dexter’s practice focuses on employment law, municipal law and education law.  She is certified as a Senior Professional in Human Resources and writes regularly on employment law issues for HR Professionals magazine.  Dexter is a graduate of the University of Tennessee School of Law, where she was the Student Materials Editor of the law review.   She is a Barrister in the Leo Bearman Sr. American Inn of Court.

About Rainey Kizer

Rainey, Kizer, Reviere & Bell, PLC is AV rated by Martindale-Hubbell and was named a Go-To Firm® by Fortune 500 general counsels.  The full-service law firm with offices in Jackson and Memphis represents local, state, and national clients before state and federal courts and regulatory agencies throughout the Mid-South.  For more information visit www.raineykizer.com.

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