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  • HR Specialist: Employment Law
  • The HR LAW Weekly
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FMLA doesn’t prevent firing for poor performance

Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Court: State institutions held immune from suits related to FMLA self-care provisions

The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.

Request for leave to care for sick relative doesn’t have to be in writing

If an employee comes forward and requests a work-related accommodation, refusing to make that accommodation may mean the employee becomes eligible for unemployment.

Beware demotion following disability leave

Before you demote an employee who is returning from a lengthy medical leave, consider whether he might file and possibly win a disability discrimination claim.

You’re not expected to be an FMLA mind-reader

Merely mentioning an illness isn’t the same as requesting FMLA leave.

Merely mentioning sick relative isn’t enough to constitute an FMLA request

Before an employee can argue that her employer interfered with her FMLA rights, she has to have put the employer on notice that she needed leave.

Court: No ‘double-dipping’ between FMLA leave and unemployment benefits

A Texas appeals court has ruled that an employee who was off on unpaid FMLA leave was not also eligible for unemployment compensation benefits.

What kind of pregnancy and family leave rights do gestational surrogates have in California?

Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?

Ensure demotion has nothing to do with FMLA

Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.

Tell bosses: Playing ‘FMLA cop’ will backfire

Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.