COVID-19 Update (04/17/2021):

Corporate Services, Inc. recommends coronavirus disease (COVID-19) protocols from the CDC including social distancing, masks, frequent handwashing, and regular santization of surfaces. Contact information is available here.

Corporate Services, Inc.
208 Kishwaukee St. · Rockford, IL 61104
(p) (815) 962-8367 · (f) (815) 962-0940

Worker Fails to Follow FMLA Request Policy, Court OKs Firing


A recent court case showed how one employer defeated a retaliation suit under the Family and Medical Leave Act (FMLA) just by enforcing its call-out procedures.

Kelly Soutner worked for Penn State Health when she needed to take FMLA leave.

The company's procedure for requesting FMLA leave involved making two calls — one to the designated "call-off" line and the other to a third-party administrator explaining the need for the leave.

When Soutner made the call though, she only placed one of the required calls, violating company policy. This resulted in her earning disciplinary points.

Eventually, Soutner reached her maximum allotment of points and was let go. She sued, claiming the company interfered with her FMLA leave, then retaliated against her.

But the 3rd Circuit sided with the company. The court said that Soutner failed to follow the FMLA request protocol, and she could provide no reason for why she did not.

On appeal (Soutner v. Penn State Health), the court added, "An employee must comply with the employer's requirements for requesting leave, unless those requirements conflict with the FMLA."

Therefore, Penn State Health did not violate any laws by enforcing its call-out policy.

Posted In: Family and Medical Leave Act (FMLA)

Want to know more? Read the full article by at HR Morning

More News from Corporate Services, Inc.

He Wanted the Promotion, But He Was Not Qualified

A manufacturing engineer was unable to convince a federal appeals court that his employer denied him a promotion and later terminated his employment because he filed charges of discrimination with the Equal Employment Opportunity Commission (EEOC).more

Members of Congress Want 'Bold Action' From the New Labor Secretary

Several members of Congress have asked new Secretary of Labor Martin J. Walsh to require American businesses to pay overtime under the Fair Labor Standards Act to anyone making less than $1,591 per week (equivalent to $82,732 per year for a full-year worker) who works more than 40 hours in a workweek.more