Monday, June 21st, 2010...8:36 am
DAlaska: FMLA Leave for Rotational Employee
If a 2 weeks on/2 weeks off employee takes FMLA leave, may the employer count the time that would have been spent on the 2 weeks off as FMLA leave? U S District Judge Timothy Burgess says No, and granted the employee’s summary judgment motion.
The FMLA regs don’t directly address the issue, but the Preamble to the regs do. Burgess held that the Preamble is entitled to Chevron deference. He also held that the employer’s designation of a “workweek” for payroll purposes was irrelevant to the determination of “leave” usage. Finally, he held that the employer failed to provide proper notice to the employee of his FMLA leave entitlement, and that the failure harmed the employee.
Truitt v. Doyon Drilling, Inc., Case No. 3:08-cv-00020-TMB (D.Alaska June 17, 2010)
Anthony Lebo and Michael Strehle represent the employee-plaintiff. Robert Stewart of Davis Wright represents the employer-defendant. All practice in Anchorage.
Leave a Reply
You must be logged in to post a comment.