• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

You can reassign employee whose spouse made FMLA claim

09/02/2008

Employers know they can’t retaliate against employees for speaking with EEOC investigators about possible discrimination … But what about simply standing by as a spouse or significant other sues the same employer? Do you have to worry that
any job changes for the silent spouse will spur a successful retaliation lawsuit?

Public employers aren’t immune to FMLA reinstatement requirements

09/02/2008

Public employers aren’t required to abide by all sections of the FMLA because they have limited immunity from federal lawsuits. For example, state employees taking leave under the FMLA’s self-care provisions can’t sue for money damages. But recently the 5th Circuit Court of Appeals has ruled that immunity does not extend to a claim for reinstatement after an employee takes FMLA leave …

Don’t sugarcoat reason for termination

09/02/2008

Sometimes, you just know that the reason a supervisor offers in a memo or e-mail for wanting to fire someone is going to look suspicious if the employee ever sues. If you can’t persuade the supervisor to reconsider, resist the temptation to help sugarcoat the situation with a neutral-sounding reason. It will only make matters worse when the employee’s lawyer inevitably discovers the memo or e-mail …

Grant maternity leave just as generously as you do other leave

09/02/2008
When it comes to maternity or childbirth leave, women have at least two federal laws that protect them from possible discrimination: the FMLA and the Pregnancy Discimination Act. Employers who understand that the FMLA and the PDA work together aren’t likely to make mistakes that result in lawsuits …

Military Family Leave: New employee rights under the FMLA

09/02/2008
On Jan. 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act, which grants new leave rights to employees with family members in the military. Because the NDAA amended the FMLA—not USERRA—the changes apply only to employers with 50 or more employees …

Managers’ e-Mails give life to pregnancy case

08/27/2008
Beverly Health and Rehabilitation Services in Richland will have to defend itself before a trial court against a pregnancy discrimination suit filed by ex-employee Barbara Stager. In court, Stager produced e-mail exchanges between company managers that referred to Stager as “high maintenance” and called her a “princess.” “Let’s see if we can nip this,” a director wrote under the subject line “FMLA.” …

Sorry, no take-Backs on FMLA

08/26/2008
In July 2001, Steven Peters joined Gilead Sciences, a California-based pharmaceutical company, as a therapeutic specialist. In December 2002, Peters took leave under the FMLA for surgery. He took a second leave in March 2003. On April 25, the company sent a letter to Peters, saying that because he held a “key” position the company could not keep open, he had been replaced …

Discharging employee after FMLA leave expires may be retaliation

08/25/2008
Eligible employees are entitled to up to 12 weeks of FMLA leave per year and are guaranteed their jobs back (or equivalent ones) if they return at the end of that leave. That means you can terminate at the end of 12 weeks, right? Maybe not …

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008
You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

Firing OK if FMLA return date isn’t honored

08/19/2008
When an employee goes out on FMLA leave, set a return date and stick to it. If she doesn’t show up back to work and doesn’t ask for an extension or a reasonable accommodation under the ADA, you are free to terminate her, effective at the end of the leave …