Injured Housekeeper Who Acquired Staff’ Comp Has Triable FMLA Swimsuit

April 6, 2021, 7:38 p.m.

  • Federal medical leave, employee compensation are not mutually exclusive
  • Laws overlap and compliance with the latter may not be enough

A Georgia hospital entrepreneur may have violated federal law by failing to provide information about her vacation entitlements to a housekeeper who had injured her knee after receiving employee compensation benefits under state law.

Hospital Housekeeping Systems LLC cannot evade its obligations under the Family and Sick Leave Act to Noorjahan Ramji by advising its employees to comply with comp regulations, the federal appeals court said. Providing an injured employee with employee compensation does not release an employer from all obligations under the FMLA, it said.

This includes the required notification of FMLA authorization and the right …

Patrick Dorrian

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