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FMLA

No individual liability under FMLA for public employers

10/14/2008

Good news if you work for a public employer in Florida. If you make an FMLA mistake, you can’t be sued individually, unlike your peers in the private sector …

FMLA: Distinguish between disability and behavior

10/14/2008

Alcoholism can be a disabling medical condition that qualifies an employee to go on FMLA leave to undergo substance abuse treatment. But the same isn’t necessarily true for a drinking binge that lands an employee in the hospital …

Recalculate hours worked for 2nd FMLA request

10/10/2008

To qualify for FMLA leave, employees must have worked 1,250 hours in the preceding year. It sounds like a pretty simple calculation, but it’s not. The fact is, you could be allowing leave for employees who aren’t actually eligible for it. Here’s one way to tighten up eligibility …

Ask for clear notice of FMLA condition

10/08/2008

Employees who need FMLA leave to deal with serious health conditions are supposed to let their employers know. Employees don’t have to use the words “FMLA leave” when they request it, but they must give their employers enough information to reach the reasonable conclusion that the employee has a serious health condition. Simply calling in sick isn’t enough …

If you violate FMLA, prepare to pay employee’s attorneys’ fees, too

10/08/2008

Here’s another reason to train everyone on the intricacies of the FMLA: Employees who win even a small amount of damages in FMLA interference cases automatically get their attorneys’ fees paid by their employer. And that can add up to
big bucks …

Minutes—not just hours—count when figuring FMLA eligibility

10/08/2008

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year …

Alcoholism isn’t always an ADA disability

10/07/2008

Employers sometimes forget that just because a condition has a name and can be serious, it doesn’t always mean it’s a disability. In one recent case, an admitted alcoholic who had undergone inpatient treatment was deemed not to be disabled under the ADA and therefore not entitled to reasonable accommodations …

OK to fire slackers even if out on FMLA leave

10/06/2008

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence …

No liability if psych patient cleared to work

10/03/2008

Employers must reinstate employees following FMLA leave if a doctor says they are ready to return to work without restrictions. That’s true even if the serious health condition was a serious psychiatric problem. Fortunately, if the employee goes on to injure another employee, the medical release will protect the employer from negligent supervision claims …

Employee out on maternity leave: How long must we hold her position?

10/03/2008

Q. How long am I required to hold a position open for an employee who is on leave due to pregnancy? …