| We get calls from all around the country from | | | | store as fast and my regional manager fired me for |
| employees who want to know if their Family Medical | | | | bad performance. |
| Leave Act (FMLA) or Americans with Disabilities Act | | | | Again we could not give him legal advice, but this is a |
| (ADA) rights have been violated. We explain that we | | | | classic example of a company not training its |
| are not attorneys. But here is one of the stories I was | | | | management/supervisors in Family Medical Leave Act |
| told by a caller: | | | | and Americans with Disabilities Act. This man was |
| I am 52 years old and I worked for (one of the biggest | | | | entitled to up to 12 weeks of job protected leave and |
| pet store chains in the US) XYZ as a store manager. | | | | should have been given the forms and an explanation |
| At work I slipped on some water, fell and hurt my hip. I | | | | of his rights. Supervisors are personally liable for |
| have a bad hip, and the doctor said I needed hip | | | | violating FMLA. Also, when he came back to work the |
| surgery. I went to my regional manager and told him I | | | | weight restriction was a reasonable accommodation |
| needed two weeks off for surgery. | | | | and should have been made via the ADA. |
| I asked the caller, "Did they offer your FMLA paper | | | | Imagine the lawsuit the man above might initiate. This all |
| work, and explain to you your FMLA rights? Did they | | | | could have been avoided by having a 1 hour training |
| give you the forms, et al?" | | | | session, twice a year with every manager and |
| No, all he said was that he could not give me two | | | | supervisor of XYZ. This is why we provide FMLA and |
| weeks off but only one week. I had the surgery, came | | | | ADA training for managers/supervisors. It is not |
| back and my doctor told me not to lift anything more | | | | enough that the HR dept knows these federal laws, |
| than 20 pounds. I told my manager this restriction. | | | | the front line managers have to know these laws too, |
| Things went fine until one day some of the guys, who | | | | so they do not violate them and get the company and |
| move dog food around, did not show for work and the | | | | themselves into a lawsuit. |
| manager told me to move them. I reminded him of my | | | | This article is not an insurance policy. All questions of |
| restriction of 20 pounds and he said "just bend from | | | | insurance coverage are determined by your insurance |
| the knees, and move it all." I reinjured myself and as I | | | | policy. We are also not a law firm and we do not offer |
| could barely move, things were not getting done in the | | | | any legal advice. |