FMLA

Explain how maternity, FMLA leave overlap

09/07/2017

Many employers have maternity leave policies that provide a period of paid time off following birth or adoption. That’s fine. But if you intend for paid maternity leave to run concurrently with federal FMLA leave, be sure you spell that out.

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017

Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017

If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

Suffering FMLA abuse? Cure top 4 symptoms

08/14/2017

Summertime and the winter holidays are the two peak seasons for employee leave requests—including FMLA leave. How many of your employees’ FMLA requests will be suspicious this holiday season?

Beware body language discouraging FMLA

08/02/2017

Sometimes, a boss can cause big legal trouble without even saying a word. A sigh or negative look can be enough if the worker on the receiving end perceives the behavior as disapproval.

Before firing for too much sick leave, ensure it wasn’t FMLA-covered serious condition

07/21/2017

The FMLA doesn’t cover minor illnesses, and employers are free to punish employees who miss work because of them. However, employers do have an obligation to investigate further if the employee reports she received medical treatment and followed call-off rules.

Discipline or termination after FMLA leave? Prepare to prove it wasn’t retaliation

07/19/2017

Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.

Tell managers: Never comment on FMLA leave

07/17/2017

Employees who qualify for FMLA leave can’t be punished for taking it. Any action that could be seen as dissuading workers from exercising their right to take FMLA leave amounts to interfering with a federal right.

Top 10 FMLA and ADA issues employers must know how to handle

07/12/2017

When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most challenging FMLA and ADA issues HR struggles to handle.

No guarantee of same job after FMLA leave

06/08/2017

You may have to promote someone from within to do the work of the employee who has taken FMLA leave. But what about the employee who took FMLA leave? Isn’t he entitled to return to his old job? Not necessarily, as long as you can place him in an “equivalent” job with the same benefits and pay.