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Employment Law

12 weeks? 26? 38? Counting time off when caregiver leave and FMLA overlap

05/12/2009

The FMLA grants 12 weeks of unpaid leave to handle a serious medical condition. Military family caregiver leave rules provide for 26 weeks off. But what happens when an employee can invoke both, for example, when she must care for a wounded military spouse while she is pregnant?

ADA: Consider what’s a ‘major life activity’

05/11/2009

Employees who cannot drive a motor vehicle due to a physical or psychological reason don’t automatically qualify for ADA protection. That’s because driving is not a major life activity. Therefore, an employee who claims that she panics when she has to get behind the wheel isn’t entitled to transfer to a nondriving position as a reasonable accommodation.

OK to factor in truthfulness when disciplining

05/11/2009

Sometimes, it isn’t the rule violation that makes a supervisor want to fire an employee, but the way the employee responds when confronted. Some will lie and deny what turns out to be obviously true. Others may ’fess up. You can leniently treat those who do the right thing, while punishing the others.

Feel free to deny FMLA leave to employee who alters medical certification

05/11/2009

One of the biggest problems with the FMLA has always been the certification process. Until recently, employers weren’t allowed to call a health care provider whose form looked suspicious or whose diagnosis sounded suspect. Now, fortunately, employers can at least call the medical provider to ask whether the information on the form is accurate and get clarification on any unclear parts.

It’s your right to demand good performance—even from employees who take FMLA leave

05/11/2009

Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.

Offer employees on military duty same chances for promotion other employees have

05/11/2009

Employees who are serving the country on active military duty may miss a chance to participate in important tests that qualify them for promotions. If they miss those tests, they could also miss out on opportunities for promotions for years to come. And that may violate USERRA.

Worker claimed retaliation? Don’t fear legitimate firing

05/11/2009

Sometimes, employees think all it takes to keep from being fired is a well-timed complaint alleging discrimination, harassment or retaliation. That, they reason, will scare an employer into overlooking poor performance or even criminal behavior. Don’t fall for it.

Curiosity about co-worker’s accommodation not harassment

05/11/2009

Even though employers must maintain confidentiality when a disabled employee receives ADA accommodations, other employees are bound to notice. For example, they might ask how the employee got a good schedule or even if she has a disability. That doesn’t amount to disability harassment.

Fired woman’s case heats up by 1 degree

05/11/2009

When Cristi Turpin completed her doctoral dissertation and defended it before her committee at Southern Illinois University (SIU), she assumed she had a doctorate in the bag. But the university’s computer system continued to show she hadn’t earned her doctorate. So the company that hired her then fired her for lying on her job résumé.

E-Verify again an eligibility verification option for Illinois employers

05/11/2009

The federal E-Verify program allows employers to voluntarily enroll in the federal government’s Internet-based system for verifying the employment authorization documents submitted by new hires. Consult your attorney before enrolling in E-Verify to determine whether it makes sense to do so.