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FMLA

Subpar employee fired for good reason? He can still sue for FMLA retaliation

02/03/2012
Many employers don’t realize that they can still be sued for FMLA retaliation by a terrible employee that they fired for perfectly legitimate business reasons if there’s a possibility he was punished for requesting or taking FMLA leave.

New FMLA status: pet-abuse protection

02/02/2012
Florida’s version of the FMLA allows workers to take up to three days of leave if the employee or a family member is the victim of domestic violence. Now a state senator, Mike Fasano, has proposed an amendment that would extend that protection to pet abuse.

DOL: It’s time to formalize FMLA military family leave

01/31/2012
The U.S. Department of Labor has proposed new FMLA rules that would formalize several statutory amendments that expanded military family-leave rights in 2008 and 2009. The new rules would officially incorporate into the FMLA amendments that were tacked onto the National Defense Authorization Act. If you’re covered by the FMLA, these rules will apply to you.

Beware job alterations after FMLA leave

01/31/2012
Employees who take FMLA leave are entitled to their old jobs or an equivalent one when they return. Offering a less prestigious position or one with different hours is asking for trouble.

Never automatically fire employees just because they exhaust FMLA leave

01/25/2012
Many employers wrongly assume that they can automatically terminate an employee once she used up her 12-week entitlement of FMLA leave. Such a policy could spell trouble.

What counts as illegal retaliation? DOL explains

01/23/2012
The U.S. Department of Labor recently issued three new fact sheets that help clarify what types of employer actions rise to the level of illegal retaliation under the FMLA and FLSA.

Can mental health problems be covered by the FMLA in addition to the ADA?

01/20/2012
Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?

Consider more time off as reasonable accommodation

01/20/2012
Sometimes, employees develop medical problems and use up their available leave under the FMLA or other leave programs before they get a definitive diagnosis. Think about offering them additional time off.

FMLA: Flare-ups every Friday? Check it out

01/20/2012
While employees with chronic medical conditions are typically entitled to FMLA leave, such intermittent absences are fertile ground for abuse. After all, an employee on intermittent leave can simply call in and say his condition is acting up. But that doesn’t mean you’re powerless if you suspect abuse.

Beware ADA lawsuit if you fire after FMLA leave expires

01/18/2012
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.