FMLA

Warn bosses: Beware discouraging leave requests

11/24/2010

Whether it’s intentional or not, some supervisors send unmistakable signals that their subordinates had better not take time off unless it’s absolutely necessary. That can mean trouble. Employees who are too scared to ask for leave may later turn around and sue, alleging a deliberate effort to discourage them from taking advantage of the FMLA.

Show good-faith ADA accommodation effort by documenting interaction with employee

11/11/2010

Employers and disabled employees both have an obligation to act like adults when coming up with possible reasonable accommodations. Each side has to listen to the other and consider different viewpoints and potential accommodations. Neither party should walk away in a huff. Be smart: Carefully track the accommodations process.

How to Collect Employee Medical Info Under New FMLA Rules

11/10/2010

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Wife’s pregnancy complications warrant granting FMLA leave

11/08/2010

Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Don’t expect heroic catch-up after FMLA leave

11/08/2010

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if there was no plan in place to pick up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Employment law 101: Beware firing immediately after employee returns from FMLA leave

11/05/2010

If you terminate an employee the day he comes back from FMLA leave, plan on getting sued. Timing alone can be enough for the court to let a jury decide the case. That’s true even if your past practices in similar cases don’t show any pattern of FMLA interference.

You can add new rule during medical leave

11/05/2010

It’s OK to change work rules while an employee is out on FMLA or other medical leave. It’s legal, as long as the rule applies equally to every similarly situated employee.

Fired employee suing? Find out if he’s filed for bankruptcy

11/01/2010

Terminated employees sometimes have to file for bankruptcy. Sometimes they sue former employers, too. In that case, they’re required to inform the bankruptcy court about their pending lawsuit. If you lose a lawsuit, have your attorney find out whether the former employee has filed for bankruptcy. You may find that you have a “get out of jail free” card.

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

Calculate FMLA eligibility based on date leave begins

10/28/2010

Some workers decide to provide notice that they’ll need FMLA leave long before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.