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FMLA

Lower pay on FMLA return? That’s an automatic violation

09/10/2015

Employees who take FMLA leave are entitled to the same or an equivalent job when they return. That means that the job must be virtually identical in all aspects, including pay. If you change the pay, the reason is irrelevant—it’s an FMLA violation.

Employee out on FMLA leave: OK to contact for info on urgent matters

09/10/2015
Employers aren’t allowed to pester employees to work during FMLA leave. Requiring the employee to work from home to complete assignments, for example, may amount to interference with the right to take FMLA leave. But not every contact or request is enough to support a lawsuit.

FMLA or ADA request? Don’t let that derail legitimate discipline or termination decisions

09/10/2015

Firing someone right after she requests FMLA leave or an ADA accommodation can often trigger a lawsuit. But timing close alone won’t sink your chances of winning—as long as you have a valid business reason for discharging the employee that is unrelated to illness or disability.

Executive order grants paid sick leave to fed contractors’ employees

09/09/2015
President Obama picked Labor Day to announce an executive order requiring federal contractors to provide paid sick leave benefits to their employees, including 300,000 workers who currently have no paid leave.

No unemployment for employee who quit fearing discharge

09/01/2015
A woman who claimed she feared she would be fired if she took leave to take family members to medical appointments has lost her fight to receive unemployment benefits.

Consider disabled employee’s request for accommodation–even if you think it’s futile

09/01/2015
Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.

Does FMLA apply? Check local head count

09/01/2015

If you have employees in several locations, some may be covered by the FMLA and others may not be. Keep careful track of which is which. The key eligibility factor in the following case was the number of employees working in one of the employer’s two offices. The magic number is 50.

These two video clips bring FMLA issues into focus

08/31/2015
In an August webinar, attorney Michelle Maslowski of Ogletree Deakins shone a spotlight on Family and Medical Leave Act edge cases that reveal what a puzzle this law can be … and then provided answers.

Firing after FMLA: Document legit reasons

08/27/2015

Always view termination as an act that might be challenged in court. That’s especially true if the employee has taken FMLA leave in the past. Lawyers love to file FMLA retaliation suits, which can be lucrative. Defend against them by backing up your termination decision with solid documentation of performance or behavior problems.

Ignorance and Inconsistency: The Two-Step Path to Court

08/19/2015

Nobody ever said complying with federal employment laws would be easy or inexpensive. It also isn’t optional. As this case shows, ignoring your legal obligations—or trying to find creative ways around them—can be even more costly. And allowing one person to make arbitrary decisions about who gets leave and who doesn’t is never a good idea …