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  • The recent decision by the 7th U.S. Circuit Court of Appeals has brought to light crucial implications for employers’ responsibilities under the Family and Medical Leave Act (FMLA). This ruling emphasizes the need for employers to adjust performance expectations for employees who are on approved FMLA leave. Continue reading to dive into the details of this decision and its potential impact on how employers navigate the FMLA.

    Brief Overview Of The FMLA

    The FMLA is a federal labor law that provides certain employees with essential benefits related to leave for family or health issues. The purpose of the FMLA is to help employees balance their work and family responsibilities, allowing eligible employees to take unpaid, job-protected leave for specific family and medical reasons.

    Employees are eligible if they have worked for their employer for at least 12 months. In addition, they must have worked at least 1,250 hours over the past 12 months. The employer must have 50 or more employees within 75 miles of the employee’s location.

    Qualified employees can take up to 12 weeks of unpaid leave each year for the following reasons:

    • Birth and care of a newborn child
    • Adoption or foster care placement of a child
    • Caring for an immediate family member (spouse, child, or parent) with a serious health condition
    • Taking medical leave when the employee is unable to work due to a serious health condition 

    Employer responsibilities

    Employers covered by the FMLA must provide eligible employees with the specified leave. Group health benefits must be maintained during the leave. FMLA applies to public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. Time taken off work due to pregnancy complications can count towards the 12 weeks of family and medical leave for the allocated year.

    The Case: OSF HealthCare System Vs. Former Employee

    A former employee of OSF HealthCare, an Illinois-based health care provider, filed a lawsuit claiming they violated her rights under the FMLA. The plaintiff alleged that the company failed to reasonably adjust its performance expectations to reflect her reduced hours while on leave. She cited instances where unadjusted deadlines were imposed despite her reduced office hours. In addition, she highlighted a substantial increase in workload during her leave period, including integrating two acquired hospitals into her unit. The plaintiff also pointed out that certain goals required mentorship, which she did not receive, and coordination with others outside her authority or control.

    In response, OSF defended its actions by stating the plaintiff was terminated for not meeting performance expectations outlined in a performance improvement plan (PIP) established upon her return. A PIP is a written document that outlines an employee’s performance gaps and provides a roadmap for improvement.

    Court Ruling And Implications

    The district court initially ruled in favor of the defendant, emphasizing the plaintiff failed to establish a causal connection between the exercise of her FMLA rights and her termination. However, the 7th Circuit Court of Appeals highlighted a genuine dispute over the amount of approved leave the plaintiff took, which could impact the outcome of the case. The court ruled that such a significant difference in testimony regarding the duration of leave warranted resolution by a jury.

    The appeals court also questioned the timing and motivation behind implementing the PIP, emphasizing that the defendant did not communicate to the employee that poor performance led to the PIP or that deficiencies would result in termination. Consequently, the court vacated the decision and remanded the case for trial, underlining the need for a jury to assess the sincerity of the employer’s motivation.

    Key Takeaways For Employers

    The ruling by the 7th U.S. Circuit Court of Appeals serves as a vital reminder for employers regarding their responsibilities under the FMLA. It underscores the following key implications:

    • Adjusting performance expectations: Employers must adjust performance expectations for employees on approved FMLA leave, considering reduced hours and potential limitations resulting from the leave. 
    • Causal connection: Establishing a causal connection between an employee’s use of FMLA leave and their termination is crucial in FMLA cases. Employers should ensure that disciplinary actions are not perceived as retalitory or interfering with the employee’s FMLA rights. 
    • Transparency and communication: Employers need to effectively communicate performance-related concerns and any subsequent disciplinary measures to employees, especially in cases where FMLA leave is involved. Lack of transparency could be perceived as pretextual and potentially lead to legal ramifications. 

    Stay Compliant, Partner With A PEO

    The intricacies of the FMLA can feel overwhelming for small business owners. However, there’s a strategic solution: partner with a professional employer organization (PEO) like GMS. We offer expertise in HR compliance, assist with leave requests associated with FMLA, and ultimately ensure you’re compliant with FMLA regulations. It’s time for you to focus on propelling your business forward and let us handle the nitty-gritty aspects of your business. It’s a win-win scenario that empowers businesses to thrive. Contact us today to learn more.

  • In an inspiring move towards enhancing employee rights and creating compassionate workplaces, Illinois has taken a significant step by amending the Victims’ Economic Security and Safety Act (VESSA). This change, signed into law by Governor J.B. Pritzker on July 28th, 2023, brings about a crucial expansion in the leave available to employees dealing with the aftermath of a family member’s death due to a crime of violence. The amendments to VESSA took effect immediately, signaling a state committed to supporting the well-being of its citizens in times of extreme hardship.

    Comprehensive Coverage

    Under the original VESSA, Illinois employers were required to provide unpaid leave to employees who were victims of domestic, sexual, or gender violence and crimes of violence. This encompassed not only the victims themselves but also their affected family or household members. This coverage highlighted the state’s dedication to fostering safety and security within its workplaces and communities.

    Amendments: A Deeper Level Of Compassion

    The newly introduced amendments further illustrate Illinois’ commitment to empathy and support for its residents. Before these changes, employees were eligible for leave for specific reasons, including medical attention, counseling services, victim services, legal assistance, and safety planning. However, a crucial layer of support has been added with the amendments.

    Now, employees are granted leave for more intimate and sensitive reasons, including the following: 

    1. Attending funerals or wakes: Employees can now take time off to attend the funeral or alternative memorial arrangements of a family or household member who was a victim of a crime of violence. 
    2. Arrangements due to death: Recognizing the responsibilities that arise from a family member’s passing, the amendments permit employees to take leave to make necessary arrangements after a crime of violence-related death. This acknowledges the logistical challenges that families face in such difficult times. 
    3. Grieving process: Perhaps the most poignant aspect is acknowledging the grieving process. Employees are now entitled to leave time specifically to grieve the loss of a family or household member who was killed in a crime of violence. This change reflects the understanding that mourning is an essential part of healing. 

    Balancing Work And Healing 

    The amendments take into account the size of the employer. The duration of leave varies based on the number of employees in the organization. While this allows for flexibility, it also provides that businesses, particularly smaller ones, can manage operations effectively.

    The amount of VESSA leave an employee is entitled to depend on the size of the employer as follows:

    • An employee working for an employer with up to 14 employees is entitled to four work weeks of leave during any 12-month period. 
    • Employees working for an employer with at least 15, but not more than 49, are entitled to a total of eight work weeks of leave during any 12-month period. 
    • An employee working for an employer with at least 50 employees is entitled to 12 work weeks of leave during and 12-month period. 

    Moreover, the amendments acknowledge that certain situations require a more immediate response. If an employee needs to take leave for the newly added reasons related to crimes of violence, they are entitled to a shorter period of unpaid leave. This enables them to attend to the immediate aftermath without compromising their jobs or financial stability.

    In Sync With Existing Laws

    Conscious of the interplay between employees’ protection laws, it’s essential to understand the need for synergy across various regulations to safeguard workers’ rights. A prominent example is the Illinois Family Bereavement Leave Act (FBLA), which establishes a distinct framework for bereavement leave. Under FBLA, qualified employees are eligible for up to two weeks of unpaid leave following the death of an immediate family member. Notably, the provision extends up to six weeks of leave in the event of the death of more than one covered family member within 12 months. The key distinction lies in eligibility criteria: FBLA covers only employees qualified for federal Family and Medical Leave Act (FMLA) benefits, whereas the scope of VESSA encompasses all Illinois employees, accentuating the state’s commitment to protection for all.

    However, the amendments do not lead to overlapping entitlements. Instead, they complement each other effectively. If an employee is eligible for FBLA leave, the amended VESSA does not provide additional bereavement leave beyond what is already granted. This ensures a fair distribution of leave entitlements.

    Unlocking Support For Small Business Owners

    In the dynamic landscape of Illinois’ evolving employment laws, small business owners face the dual challenge of maintaining compliance while nurturing their ventures. As the recent amendments to the Illinois VESSA exemplify, the legal landscape can shift rapidly, requiring business owners to remain compliant and informed. This is where a professional employer organization (PEO) can help business owners in Illinois. By partnering with a PEO like GMS, business owners can access HR experts who keep you compliant with employment regulations.

    With our comprehensive services, including HR support, benefits administration, payroll, and risk management, small businesses can confidently navigate employment laws’ complexities. Contact us today to learn how we can empower your business to thrive in evolving regulations.