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FMLA

Scrupulously track disciplinary history to combat FMLA-interference lawsuits

05/22/2014

After an employee has been fired, he or she often looks for a reason to sue. Something as innocuous as having used FMLA leave may then become the basis for a lawsuit as the former employee looks for any reason to get into court and perhaps negotiate a quick settlement.

Warn managers: Even isolated comments about age can trigger an ADEA lawsuit

05/22/2014
Although a stray comment alone may not be enough to prove discrimination, when coupled with other evidence—like a younger individual hired to perform a similar or the same job as someone older who was terminated—the comment may come back to haunt you.

Enforce call-in rules even during FMLA leave

05/22/2014
Employers that have call-in procedures for absences can require employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.

Former superstars aren’t immune from scrutiny

05/19/2014
The best approach to dealing with declining performance is careful and meticulous record-keeping showing expectations and how the employee isn’t meeting them. Objective facts trump the employee’s feelings that she is being discriminated against for some reason.

11 employment laws (almost) every employer must follow

05/13/2014
Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of businesses that must comply. Use the following list to make sure you’re not spending time and money complying with laws that only apply to larger businesses.

For a quick trip to court, allow casual accommodations for some but not others

05/12/2014
Here’s a tip that can save you from a needless lawsuit: Make sure managers and supervisors aren’t using their own judgment about who deserves a job accommodation for medical reasons.

Beware letting work happen on FMLA leave

05/12/2014

The FMLA doesn’t prohibit employers from calling an employee occasionally to ask questions about work-related matters. On the other hand, forcing someone to work from home while on leave may qualify as interference with FMLA leave. Sometimes, however, employees insist on working even while they’re on leave. That puts employers in a tricky predicament.

Is ‘stress’ an FMLA serious condition?

05/01/2014
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Court rules: Texas state employees can’t sue over ‘self-care’ under the FMLA

05/01/2014

A federal court has concluded that Texas state employees who take FMLA leave for their own serious health conditions can’t later sue their state agency over that leave. That’s because Texas has sovereign immunity from such claims.

Warn bosses against publicizing FMLA leave

04/30/2014
It’s up to employees to decide how much they want to divulge to co-workers about their FMLA leave. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.