FMLA

Ensure call-ins state reason for absence

03/07/2019

Unless you have a call-in protocol that allows you to convincingly argue that an employee didn’t provide enough information to classify the absence as qualifying for FMLA leave, it’s her word against yours.

FMLA: Keep records of all absences, whether or not they were approved

03/06/2019

Sloppy attendance record-keeping can lead to lengthy and expensive litigation. Particular trouble awaits if you fire an employee for poor attendance around the time she requests or takes FMLA leave. That almost guarantees a lawsuit.

Without FMLA notice, no FMLA leave required

02/22/2019

Employees have to let their employers know when they need FMLA leave. Although they don’t have to specifically mention the FMLA, they do have to pass on enough information so the employer can reasonably understand that’s what the employee is requesting.

Ask these questions when considering unlimited PTO

02/19/2019

The benefits of unlimited paid-time-off policies are obvious. But many of the legal risks they create are not.

Paid parental leave gaining momentum

02/14/2019

Earlier this month, President Trump used part of his State of the Union address to renew a call for paid parental leave, the latest sign that the benefit—long considered a pipedream—could become a reality in America.

FMLA can’t be used to create long weekends

02/12/2019

Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?

You don’t have to send out a search party to notify absent employees of leave policies

02/06/2019

Employers that have tried to tell an employee what’s missing in a leave request don’t have an independent obligation to hunt down the employee to give her the information if she hasn’t provided contact information.

RICO doesn’t cover employment law violations

01/31/2019

An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.

Break the FMLA shield: Document when you began considering discipline

01/23/2019

An employee may think taking FMLA leave will prevent serious discipline such as being terminated. That strategy won’t work if you can show the disciplinary process had already begun before she asked for FMLA leave.

Beware close timing between discipline and employee’s request to take FMLA leave

01/22/2019

If you intend to discipline someone who is on or is about to go on FMLA leave, be sure everything about the disciplinary process looks legitimate and fair.