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FMLA

Intermittent leave abuse? Demand new cert

01/13/2022
Workers whose doctors approve intermittent FMLA leave can essentially take time off whenever their condition flares up. Employers typically must wait six months to question intermittent leave certifications if the leave is for a condition of indefinite duration. However, if employers suspect intermittent leave abuse, they can demand recertification sooner.

Beware firing during employee’s FMLA leave

12/22/2021
Generally, employers are free to punish or terminate workers even while on job-protected leave like FMLA if they discover during that time away that the employee wasn’t doing his job. But there’s a caveat. You must be able to show the court that you would have done the same thing if the employee hadn’t taken leave

When can FMLA be taken for care of sibling?

12/16/2021
The FMLA typically allows eligible workers to take up to 12 weeks of job-protected unpaid leave to care for the serious illness of a son or daughter. But it’s not just biological or adoptive parents who can qualify.

No need to tell employee why she was fired

11/29/2021
When terminating an employee, you don’t necessarily have to explain the exact reason for your decision. However, you must still document your rationale at the time you decide to fire. If the employee sues, a court will want to see when and why you arrived at the decision, all documented at the time.

Heed FMLA rules during weeks before Christmas, New Year’s Day

11/16/2021
Dec. 24 and 31, while usually not official work holidays, fall on Fridays this year. To stretch it to a long holiday weekend and in recognition of employees’ hard work during trying times, many employers will close on these days. Other employers traditionally close during the holiday week. The Department of Labor warns that such closures can complicate your calculations of employees’ FMLA leave entitlements.

Firing during FMLA leave? Prove FMLA wasn’t reason

11/04/2021
Employees cannot be fired for taking FMLA leave. If you must terminate someone who has taken FMLA leave, be prepared to show it had nothing to do with their leave-taking. Do that by contemporaneously documenting what led to the termination and when you made the decision to fire.

Document ADA requests to prove good faith

11/04/2021
The ADA requires a disabled employee and her employer to have an interactive conversation to determine whether it’s possible to accommodate the disability and, if so, how. If the employee doesn’t participate in the interactive process, she won’t be able to sue successfully over a denied accommodation. That’s why it’s essential to document every interaction once you suspect an employee might be disabled.

Employees’ pandemic lawsuits continue to evolve

10/21/2021
The mandatory vaccination cases aren’t going anywhere soon, as employers and the federal government are leaning on such policies. But two recent decisions also remind us that pandemic-related lawsuits come in many flavors.

Steer clear of questions about past drug use

10/14/2021
Warn supervisors not to pry into employees’ medical histories, including past abuse of drugs or alcohol. Simply asking workers about a perceived previous drug problem could trigger a lawsuit.

Long covid could trigger FMLA, ADA liability

10/14/2021
Employers need to be ready to respond to more requests for both FMLA intermittent leave and ADA accommodations.