Human Resource Dilemmas 1.Marissa Campbell injured her lower back while working

Question

Human Resource Dilemmas

1.Marissa Campbell injured her lower back while working in the shipping department for her employer, Venus Cosmetics. Campbell is out and collecting workers’ compensation. Venus is also requiring family medical leave to run concurrently. After 6 months, Campbell’s physician has authorized Campbell to return to light duty. Under the Family and Medical Leave Act (“FMLA”), Venus inquires as to whether she is entitled to the job she previously held. How would you advise her?

2.On Saturn Salvage Company’s application for employment, candidates are asked whether they have previously filed for workers’ compensation. Saturn employs 42 workers. Saturn wants to know if this question is permissible because it is trying to reduce the number of its employees filing for workers’ compensation. How would you advise Saturn?

3.The Health Insurance Portability and Accountability Act (“HIPAA”) prohibits the communication of an employee’s medical reports unless consent is given. Pluto Publishing asserts that when an employee files for workers’ compensation, it must send the employee’s medical report to the state Workers’ Compensation Board. Does the federal law supersede the state requirement?

Explanation / Answer

Answer to the first question:

As per the Family and Medical Leave Act of 1933, the employees of any organization can have unpaid leave upto 12 work weeks to recover from serious illness. However, in this case, Marissa Campbell was on leave due to her medical condition, for more than 6 months i.e. more than double the prescribed leave in the FMLA Act. Under FMLA Act, the employee needs to notify the employer 30 days in advance before proceeding on leave. As FMLA Act provides unpaid leave upto 12 work weeks only, it will be the discretion of the employer to provide additional leave or not. The employee must ensure with the employer that he will be reinstated to the original position or similar position after returning from leave, but in such conditions, the employee cannot be covered under FMLA Act.

Answer to the second question:

The company may ask the medical history of the candidates as a matter of health and safety. However, the employer may not insist to disclose the same and the history of any workers' compensation. But the candidates are bound to disclose the history of their health so as to help the employer to decide their candidature and the nature of job to be provided to the candidate. If the candidate discloses the false information about his health and previous compensation, and later the employer comes to know that the candidate had hid the relevant information, he can initiate disciplinary proceedings against such candidates, which can even led to dismissal of such candidate.

Answer to the third question:

Generally, federal laws always supersede the state laws. As per Article 6, Paragraph 2 of the US Constitution, the federal laws are the supreme law of the land and the states are bound to follow them in case of conflicts. However, in certain cases, that law will prevail which provides the highest standard of protection to the employees and the strictest standard to employees. However, in this case, the company Pluto Publishing asserts to send the employee's medical report to state Worker's Compensation Board for ascertaining the genuineness of the medical reports. The company wants to follow the strictest standards for its employee and in such cases the state laws will prevail, as discussed above.

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