FMLA

Document mistakes occurring near FMLA leave

08/31/2018

Employees are entitled to take FMLA leave for covered serious medical conditions, which means they can’t be punished for taking leave. However, that protection doesn’t give them carte blanche to ignore workplace rules, and it doesn’t mean they can’t be punished for misdeeds that occur during FMLA leave.

FMLA: Firing can easily trigger retaliation suit

08/29/2018

Thinking about terminating an employee who is currently out on FMLA leave? Proceed with the greatest of care! If ever there was a “red lights flashing” HR moment, this is it.

Don’t expect quick dismissal of FMLA suit just because you have few employees

08/06/2018

A New York employer has learned the hard way that there’s no quick and easy way to get an FMLA case dismissed—even if it may not have enough employees to be covered by the law.

Even with FMLA, enforce no-show/no-call rule

07/24/2018

Employers can and should set reasonable standards for how employees let their bosses know they won’t be coming to work. Those rules can require calling in before the start of a shift if the employee is ill or has a medical emergency, even if it may be covered by the FMLA.

Calendar alert: Employees may have up to three years to sue for FMLA violations

07/13/2018

Generally, willful FMLA violations are those where it is clear the employer made little or no effort to learn what the FMLA requires or, knowing what the law requires, refused to comply. If a worker can show such disregard, he has up to three years to sue.

The top 10 FMLA mistakes that regularly trip up employers

06/27/2018

Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.

Texas Supreme Court: FMLA leave doesn’t bar unemployment

06/27/2018

The Texas Supreme Court has decided someone on unpaid FMLA leave may be eligible for unemployment benefits.

Absences may disqualify disabled employee

06/26/2018

Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.

Accommodation requires employee’s good faith

06/21/2018

An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018

Here are updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.