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FMLA

Discover wrongdoing during FMLA? Fire away

11/14/2019
It’s natural to worry about terminating an employee who is out on FMLA leave. However, the FMLA does not prohibit employers from making employment decisions that they would have made anyway if the employee had never taken leave.

Understand interplay between FMLA, ADA when employee must care for family member

11/07/2019
Employees may have the right to take time off to care for a disabled family member under the FMLA, but the same isn’t true under the ADA for a request for reasonable accommodations of time off to care for the same family member.

Poor health doesn’t excuse poor performance

11/04/2019
Employees with a serious health condition are entitled to FMLA leave. That doesn’t mean poor health is an excuse for poor work.

Don’t turn down FMLA because paid leave is available

10/24/2019
While employees may prefer taking paid leave and will often use vacation, personal or sick time to have a paycheck, employers shouldn’t refuse an FMLA request just because paid leave is available.

To sue for FMLA interference, employee must ask for FMLA leave

10/24/2019
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

10/24/2019
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

10/04/2019
Courts are sensitive to the deterrent effect saddling the losing employee with legal costs could have.

DOL opinion letters address FMLA, FLSA, CCPA

09/23/2019
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’

09/19/2019
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

09/04/2019
Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.