This issue was from June of 2022 it involved FMLA for an employee of the Cook county Sheriffs office who was a correctional officer for them. The officer had been working at the Cook county office for 27 years, during which time he developed a number of different health conditions including work related PTSD. The Officer had already used a significant amount of his FMLS but did have some left and wanted to use that in conjunction with his vacation and sick time at which point the benefits manager told him if he used more FMLA there would be disciplinary actions. 

The officer resigned and sued the company and the Benefits manager, in court the company stated that they did not deny the time physically and that it was a conversation between the employee and benefits manager, however the court ruled that a company does not have to physically deny the claim but using language to deter the employee from utilizing their time is essentially the same thing. "This is a reminder that when it comes to compliance with FMSA, employers are judged no only by their deeds - whether they timely provide notice of eligibility, whether they properly grant or deny leave and whether they correctly track absences - but also on words and attitude regarding leave. 

 

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