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FMLA

100% healed back-to-work rule could backfire

10/26/2017
Do you have a companywide policy that requires all workers who are out on leave to get a doctor’s certification that they are completely healed before they can return to work? Such a rule may run afoul of the ADA.

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017
Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.

Beware small changes that could be retaliation

10/18/2017
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

Make sure your good records are dated, too

10/12/2017
When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

What if we want to discuss good news during FMLA leave?

10/06/2017
Q. Can we ask an employee who is on FMLA leave to come in to discuss the possibility of applying for a promotion? Might it be better to discuss this by phone?

Are we allowed to contact an employee who is out on FMLA leave?

10/06/2017
Q. Is it OK to contact an employee during FMLA leave or ask him or her to come in to the office?

Document policy details, decisions based on them

09/21/2017
Be sure to document the reason why you treat some employees differently than others. For example, if employees can’t take leave until they have completed a probationary period, clearly explain that in your handbook.

Court: Nursing mom entitled to light duty

09/21/2017
In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.

FMLA and NY Paid Family Leave Law and Disability Benefits Law

09/07/2017
It’s time to answer some of the trickier questions about the interaction of the FMLA, the New York Paid Family Leave Law and the state’s Disability Benefits Law.

Date of firing notice–not last day of work–determines when discrimination occurred

09/07/2017
An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.