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FMLA

Employee files FMLA suit? Check deadline compliance

01/04/2019
The FMLA doesn’t require an EEOC filing, and provides a two-year deadline for suing.

No FMLA leave? ADA may be available

12/06/2018
An employee who has used up all paid and FMLA leave (or who isn’t yet eligible for FMLA leave) may have other leave options if he’s also disabled.

Fired after using FMLA leave? Expect lawsuit

12/06/2018
Firing an employee while referencing use of FMLA leave may trigger a retaliation lawsuit.

Managers help Chicago 911 slash FMLA absences, costs

11/20/2018
Two years ago, 49% of the employees at the city of Chicago’s main 911 call center were out on some type of absence related to FMLA leave. But a crackdown this year trimmed employees’ FMLA usage by 4,000 hours, slashed absenteeism by 900 shifts and cut overtime cost by $800,000. How?

Posting FMLA notice helps cut off lawsuits

11/14/2018
Employers that post appropriate FMLA notices alerting workers to their FMLA rights—and train managers on the FMLA—generally get the benefit of the two-year deadline.

Employee doesn’t return after FMLA runs out? OK to fire for violating attendance policy

11/14/2018
If for some reason an employee doesn’t return to work at the end of his FMLA entitlement, then the employer is free to enforce a no-show, voluntary-quit rule based on the absences.

Never bring up relative’s disability when discussing reasons for absenteeism

10/17/2018
Warn New York City supervisors against mentioning possible reasons for absenteeism when disciplining workers for missing work. It can badly misfire, especially if the reason for missed work is taking care of a disabled relative.

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018
While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.

Disability: Beware docking attendance points

10/04/2018
Policies designed to encourage regular attendance often use a point system to determine when employees who miss work will receive discipline. But that simplicity may create legal problems.

Document all requests for disability-related leave

09/24/2018
Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.