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FMLA

ABA/DOL partnership: ‘New sheriff’ gets a deputy, which could trigger more FMLA, FLSA lawsuits

12/30/2010
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.

Impossible employee? FMLA rules still apply

12/22/2010

It can be tempting to ignore an employee who is impossible to reason with. That’s a bad idea, especially if any of his infuriating behavior involves a request for FMLA leave. If you ignore your obligations, you’ll probably end up in court.

Worker back from FMLA? Beware making job changes

12/21/2010
After an employee returns from FMLA leave, seemingly minor changes to his job can spell trouble. That’s especially true if the employee can show that a supervisor’s attitude toward him changed at that time.

With good reason, it’s OK to fire upon return from FMLA

12/21/2010
Don’t be afraid to terminate employees who have just returned from FMLA leave—as long as you have good reasons that are unrelated to the FMLA.

Temp better than employee? Terminate with care

12/21/2010
Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!

PDA doesn’t guarantee leave for child care

12/21/2010

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.

React calmly to employee requests for leave of absence

12/20/2010
Suppose an employee tells you she needs to take a leave of absence due to an illness. Such leave could be covered under the FMLA. Her absence may cause you scheduling problems and extra work. That may be frustrating, but do your best not to show any emotion. Here’s why.

DOL teams up with private lawyers to encourage FMLA, FLSA lawsuits

12/14/2010
The DOL has unveiled a first-of-its-kind arrangement: an attorney-referral partnership with the American Bar Association to help more employees file FMLA and FLSA lawsuits. Find details on this new program, as well as links to HR Specialist resources that can keep you from becoming a target of this looming legal dragnet.

Employee returning from FMLA leave? Don’t demand heroic catch-up

12/14/2010

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if no one took up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Calls during FMLA leave lead to emotional-distress lawsuit

12/09/2010
Teach this simple lesson to supervisors who have employees out on FMLA leave: Leave them alone unless there’s a good reason to contact them. Calls and visits can lead to lawsuits claiming emotional distress.