Beware demotion following disability leave

Before you demote an employee who is returning from a lengthy medical leave, consider whether he might file and possibly win a disability discrimination claim.

You're not expected to be an FMLA mind-reader

Merely mentioning an illness isn’t the same as requesting FMLA leave.

Merely mentioning sick relative isn't enough to constitute an FMLA request

Before an employee can argue that her employer interfered with her FMLA rights, she has to have put the employer on notice that she needed leave.

Court: No 'double-dipping' between FMLA leave and unemployment benefits

A Texas appeals court has ruled that an employee who was off on unpaid FMLA leave was not also eligible for unemployment compensation benefits.

What kind of pregnancy and family leave rights do gestational surrogates have in California?

Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?

Ensure demotion has nothing to do with FMLA

Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.

Tell bosses: Playing 'FMLA cop' will backfire

Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.

FMLA: What to expect when they're expecting

When an employee becomes pregnant, she has the right to take leave under the federal FMLA.

FMLA rights don't extend beyond termination date

The right to take FMLA leave ends when employment ends.

Ask for recertification of intermittent leave

Employers that approve intermittent leave requests can request regular recertifications to determine if the need still exists.

Not eligible for FMLA? Don't assess illness

When a worker requests FMLA leave but isn’t eligible because she hasn’t worked the requisite hours, there’s no need to go further.

Lost certification during FMLA? No right to reinstatement

Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs.

Beware overtime issues when calculating FMLA eligibility

When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.

Return from FMLA leave: Spell out requirements for fitness-for-duty certification in advance

If you intend to require an employee taking FMLA leave to provide a fitness-for-duty certificate on return, you must make that clear up front when he first requests leave.

Beware close timing between FMLA and firing

Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.
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