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FMLA

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.

Know when more ‘ADA leave’ is unreasonable

04/16/2019
Time off can be a reasonable ADA accommodation. But it’s not reasonable to grant leave if it won’t help the worker return to work on a regular basis, when her presence is essential.

Beware close timing between FMLA leave and discipline

04/15/2019
The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.

How much leave do we have to grant for bone marrow donation? Must it be paid leave?

04/10/2019
Q. One of my employees plans to donate bone marrow. She will need to take time off for this purpose. How much time can she take off? Must it be paid, even though the decision to donate was not due to her own medical condition?

Beware firing after employee has asked for FMLA leave

04/02/2019
Terminating an employee for absenteeism after she’s requested FMLA leave is likely to trigger a lawsuit.

Employees have three years to sue for willful violations of the FMLA

04/02/2019
Employers that retaliate against employees for taking FMLA leave may find themselves being sued a full three years after the alleged infraction.

DOL opinions on FMLA leave, volunteerism

03/21/2019
The U.S. Department of Labor has issued new opinion letters addressing FMLA leave and compensation for employees who spend time volunteering.

Another reason to track absenteeism: It can rule out unemployment benefits

03/13/2019
If you want to terminate for attendance problems, make sure you consider only unexcused absences when making your decision.

Ensure call-ins state reason for absence

03/07/2019
Unless you have a call-in protocol that allows you to convincingly argue that an employee didn’t provide enough information to classify the absence as qualifying for FMLA leave, it’s her word against yours.

FMLA: Keep records of all absences, whether or not they were approved

03/06/2019
Sloppy attendance record-keeping can lead to lengthy and expensive litigation. Particular trouble awaits if you fire an employee for poor attendance around the time she requests or takes FMLA leave. That almost guarantees a lawsuit.