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FMLA

Ask these questions when considering unlimited PTO

02/19/2019
The benefits of unlimited paid-time-off policies are obvious. But many of the legal risks they create are not.

Paid parental leave gaining momentum

02/14/2019
Earlier this month, President Trump used part of his State of the Union address to renew a call for paid parental leave, the latest sign that the benefit—long considered a pipedream—could become a reality in America.

FMLA can’t be used to create long weekends

02/12/2019
Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?

You don’t have to send out a search party to notify absent employees of leave policies

02/06/2019
Em­­ployers that have tried to tell an em­­­ployee what’s missing in a leave request don’t have an independent obli­­gation to hunt down the employee to give her the information if she hasn’t provided contact information.

RICO doesn’t cover employment law violations

01/31/2019
An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.

Break the FMLA shield: Document when you began considering discipline

01/23/2019
An employee may think taking FMLA leave will prevent serious discipline such as being terminated. That strategy won’t work if you can show the disciplinary process had already begun before she asked for FMLA leave.

Beware close timing between discipline and employee’s request to take FMLA leave

01/22/2019
If you intend to discipline someone who is on or is about to go on FMLA leave, be sure everything about the disciplinary process looks legitimate and fair.

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.