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  • HR Specialist: Employment Law
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To sue for FMLA interference, employee must ask for FMLA leave

In order to claim an employer violated the FMLA by denying leave, the employee must have actually requested that leave. She doesn’t have to formally state, “I am requesting FMLA leave.” However, what she says must at least be understood as a request.

Ensure internal records specifically support your decision to discipline or terminate

If you must fire someone who has taken FMLA leave, be specific about the reasons when recommending discharge.

You won in court! Congratulations! Don’t expect to have legal costs reimbursed

Courts are sensitive to the deterrent effect saddling the losing employee with legal costs could have.

DOL opinion letters address FMLA, FLSA, CCPA

The Department of Labor’s Wage and Hour Division recently issued three opinion letters addressing employer-submitted questions about the FMLA, the Fair Labor Standards Act and the Consumer Credit Protection Act.

Firing for vacation during FMLA? Hit ‘pause’

Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the doctor’s certification.

Yes, you can fire workers who take FMLA leave

Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

DOL seeks employer comments on proposed FMLA form revisions

The U.S. Department of Labor is soliciting feedback on proposed revisions to seven forms used to certify the need for FMLA leave and provide notice of FMLA rights and responsibilities.

FMLA covers some school-related absences

For years, employers have been told the FMLA doesn’t cover leave that employees take for their children’s school-related meetings and visits. But an eye-opening new U.S. Department of Labor opinion letter adds an important new exception to that rule.

Choose best method to set FMLA calendar

Employers can calculate the 12-week unpaid-leave entitlement by choosing one of four methods. Not choosing a method can prove dangerous, as a recent case shows.

Pierce terminated worker’s ‘FMLA shield’

Workers commonly believe they can’t be fired or disciplined while they are out on FMLA leave. They’ll threaten to sue if they believe their jobs are threatened. But their faith in the protective power of the FMLA is misplaced.