12/02/2009

After many years working for San Francisco-based McKesson Corporation, Charlene Roby began suffering from sudden panic attacks.

Shortly thereafter, McKesson implemented a complex absenteeism policy, and employees received progressive discipline for not giving at least 24 hours' notice for tardiness or absences — even absences due to sudden illness.

Roby was terminated under McKesson's absenteeism policy. Even though the company was aware of her medical condition, McKesson's policy didn't account for the unique circumstances of disabled employees.

Handle short-term, periodic employee medical leaves without violating state and federal law. Find out how by joining us on December 8 for the 90-minute webinar: Intermittent Leaves in California: How To Managing These Tricky Leaves and Preventing Abuses.

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Roby sued for disability bias and harassment.

Following trial, the jury awarded her $3.5 million in compensatory damages and $15 million in punitive damages. The jury also imposed over $500,000 in damages on Roby's immediate supervisor, who frequently ridiculed Roby for her frequent absences, physical appearance, and body odor (Roby took medication for her condition, which resulted in an unpleasant body odor). In addition, her nervous condition caused her to scratch at her arms, leaving open sores.

McKesson appealed, and the Court of Appeals found that the jury's damages award was not warranted, and that there was insufficient evidence of harassment. The Court of Appeals reduced Roby's award to a total of $3.4 million. The California Supreme Court revised the award, ad approved final amount of $3.8 million.

Although this final result is far less than the jury's original award to Roby, it's still a hefty price to pay for an avoidable mistake. For California employers, the most important lesson to take away from this case is that if you have an absenteeism policy that doesn't allow flexibility for disabled employees, you're running afoul of disability bias laws.

We'll have more on this case in an upcoming issue of California Employer Advisor.

Have a Plan for Handling Intermittent Employee Medical Leaves of Absence

Managing employee leaves is probably not your favorite part of your job. And intermittent leaves? Those can really make you tear your hair out.

How do you deal with Steve, who seems to have a full-day doctor's appointment every Friday, but only on nice days in the summer? Or Amanda, who uses just enough leave to make your life difficult, but not enough to ever exhaust her allotment? Or Chuck, who regularly takes off for a few days with barely a moment's notice, leaving you with coverage problems?

It's not just the employees that make intermittent leaves trying. The law itself is confusing and difficult to interpret, especially following the recent sweeping changes to FMLA. Many HR professionals — even very experienced ones — have difficulty figuring out how to calculate intermittent leaves in the context of FMLA's 12-week allotment, how to decide when the 12-month calendar begins, and more. Plus, how do the changes interplay with the California Family Rights Act?

Join us for an in-depth webinar on December 8. Our expert will explain — in plain English — what the law requires, how to make the appropriate calculations, and how to nip employee abuses in the bud.

You and your colleagues will learn:

• How the recent FMLA changes affect your intermittent leave obligations


• How the California Family Rights Act comes into play


• Why you should consider a rolling calendar, and how to implement it


• When you can legally (and safely) deny an intermittent leave request


• How to best prepare for unforeseeable leaves


• The best way to investigate and discipline intermittent leave abusers — without crossing the line into harassment or retaliation


• What you can require in terms of advance notice and medical certifications from employees requesting intermittent leave


• When you can ask your workers for more detail about why they're taking intermittent leave — and when you can't


• When you can demand a second (or even a third) medical opinion — and who foots the bill


• How to transfer employees to different positions or change their work schedules to accommodate intermittent leaves, without disrupting your workplace or opening yourself up to liability

Register now »

Find out more »