FMLA

Take extra care when firing after ADA, FMLA

06/10/2019

Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Before signing settlement, consider other filings

06/06/2019

Sometimes, an employee files several discrimination complaints about incidents that are allegedly related. If you’re thinking about settling one complaint, be aware that other, related claims may remain outstanding.

Suspend attendance amnesty during FMLA

05/31/2019

Many employers let employees “work off” points they rack up for absenteeism and tardiness. A new federal court ruling says employers may stop the clock from ticking while an employee is out on FMLA leave.

100%-healed policy = $950,000 settlement

05/31/2019

Do you have a policy requiring injured workers to be 100% healed before they can return to work? Do you automatically terminate workers who try to come back with medical restrictions or who say they need more time off? Then get ready to write a big check.

DOL opinion letter on FMLA timing muddies the waters

05/06/2019

Employers must run FMLA leave concurrently with any paid leave an employee takes for an FMLA-qualifying condition, according to a new opinion letter from the U.S. Department of Labor.

Disabled or not, you’re justified to call regular attendance an essential job function

05/06/2019

Disabled employees are entitled to reasonable accommodations for their disabilities if those accommodations allow them to perform the essential functions of their jobs. But smart employers make it clear that, generally speaking, regular attendance is both expected and essential to the job.

What is the latest information on running FMLA leave concurrently with other leave?

04/30/2019

Q. We don’t have a policy on using FMLA leave concurrently with other leave. Therefore, sometimes employees will ask to use up their paid leave first and then use unpaid FMLA leave. This seems to occur most often with maternity leave, as some new mothers like to have extra time off. Of course, we know about the need for FMLA leave since we know the employee is pregnant. We’ve heard that the DOL now requires us to run leave concurrently. Is this true?

Beware presumptions about alcoholism

04/24/2019

Alcoholism may be an FMLA-covered serious health condition. If an employee returns to work after taking FMLA leave to rehab from a drinking problem, warn supervisors to check their presumptions about alcoholism. Doing or saying the wrong thing could violate the FMLA, the ADA or both.

Yes, you can terminate during FMLA leave

04/18/2019

You may find that some employees who suspect they are about to be disciplined suddenly ask for FMLA leave. They may cynically believe that taking FMLA leave protects them from discharge. It doesn’t.

Never deny benefits because of prior FMLA leave

04/16/2019

An employer who didn’t provide paid leave because of past absenteeism now faces a retaliation lawsuit.