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FMLA

Employee must address ADA, FMLA thresholds up front

07/31/2014
Here’s a case that may help you get an ADA or FMLA case dismissed quickly when an employee is acting as her own attorney. A worker has to allege up front in her lawsuit that her employer has enough employees to be covered by the FMLA or the ADA.

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

07/31/2014
Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.

When does ‘almost eligible’ qualify for FMLA?

07/25/2014

Eligibility for job-protected FMLA leave kicks in for employees after they’ve worked at a covered employer for at least 12 months (and for 1,250 hours). But take note: That doesn’t mean you can fire employees who request FMLA leave just days before they hit their 12-month anniversary date. As this new case shows, employees can use other accrued leave to “bridge the gap” until they reach the 12-month eligibility limit.

Warn bosses: No negative comments about FMLA leave

07/23/2014
Criti­­ciz­­ing employees for taking FMLA leave can mean trouble.

Is ‘We’re short-staffed’ a legal reason to deny medical leave?

07/21/2014
Employers must be fully staffed to function efficiently. But what if you’re already short-staffed and an employee requests leave for a last-minute medical appointment? Just how much scheduling chaos must you tolerate before saying “no”?

How should we manage family leave that isn’t covered by the FMLA?

07/15/2014
Q. We hired an employee just a few months ago, so he does not qualify for leave under the FMLA. He has requested intermittent time off to care for a family member. We would like to allow him to take the time off, but we aren’t sure how to handle the situation outside of the FMLA. What is your advice?

‘No-call, no show’ termination isn’t adverse employment action

07/15/2014
Under Minnesota’s whistle-blower law, employers can’t punish employees for reporting wrongdoing to authorities. Even so, it’s still legitimate for employers to enforce existing workplace rules.

Timing is everything in FMLA retaliation case: Keep careful records when making decisions

07/15/2014
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.

You can enforce call-in rules for employees on FMLA leave

07/15/2014
Employers that have call-in procedures for absences can require that employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.

Remind bosses about risk of personal liability

07/14/2014

Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides on discipline, hiring and other issues—or else face the consequences.