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FMLA

How does VESSA work?

09/10/2008
Q. What are the key elements of Illinois’ Victim Economic Security and Safety Act (VESSA)? …

Biological Link to Child Isn’t Required for Employee to Take FMLA Child-Care Leave

09/09/2008
The FMLA clearly doesn’t cover employees who take time off work to care for a sick girlfriend or boyfriend. However, as a new case shows, employees can legally take FMLA leave to care for a girlfriend’s or boyfriend’s child, if the employee has assumed day-to-day responsibility for that child. Learn more about this crucial distinction.

Accommodation can include FMLA leave to avoid OT

09/08/2008
Sometimes employers must require their employees to work overtime to meet production goals. That can be a problem if one of the workers has a disability that prevents him from working more than 40 hours per week. It’s perfectly legal to require that the employee use accumulated sick time and FMLA leave to avoid those overtime hours …

This just in: Don’t fire employee for taking FMLA leave

09/05/2008

It seems pretty obvious you can’t legally fire an employee because she took FMLA leave. Every employer knows that, right? Perhaps not. Recently, the 6th Circuit Court of Appeals had to rule on the question when an employer hoped to get a definitive ruling that employees are entitled to leave, but can be fired for using that leave …

Tell supervisors: You can’t just make up your own performance appraisal standards

09/05/2008

Employers that let supervisors add to or alter the way they conduct performance appraisals are playing with fire. For example, supervisors should never be allowed to assess things like tardiness and attendance using anything but official HR records …

Tale of two cases: How to avoid costly FMLA and ADA mistakes

09/03/2008
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member …

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 …