FMLA

Wrong about FMLA abuse? Your honest belief counts

11/02/2017

The 3rd Circuit Court of Appeals recently handed a victory to employers that struggle with employees who misuse FMLA leave—particularly intermittent FMLA leave. The court held that an employer’s honest belief that its employee misused FMLA leave was sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken.

Never tie FMLA leave to employee’s performance

10/27/2017

When preparing a performance review, remind supervisors that they should never mention FMLA leave or appear to use it as a factor in the evaluation. That can lead to a big jury award later if the review is used to justify termination—even during a reduction in force.

100% healed back-to-work rule could backfire

10/26/2017

Do you have a companywide policy that requires all workers who are out on leave to get a doctor’s certification that they are completely healed before they can return to work? Such a rule may run afoul of the ADA.

Feel free to terminate if you find wrongdoing while employee is out on FMLA leave

10/25/2017

Employees out on FMLA leave don’t enjoy more job protection than employees who don’t take leave. As long as an employer doesn’t terminate because an employee took FMLA leave, it’s perfectly lawful to fire someone during leave.

Beware small changes that could be retaliation

10/18/2017

Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

Make sure your good records are dated, too

10/12/2017

When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

What if we want to discuss good news during FMLA leave?

10/06/2017

Q. Can we ask an employee who is on FMLA leave to come in to discuss the possibility of applying for a promotion? Might it be better to discuss this by phone?

Are we allowed to contact an employee who is out on FMLA leave?

10/06/2017

Q. Is it OK to contact an employee during FMLA leave or ask him or her to come in to the office?

Document policy details, decisions based on them

09/21/2017

Be sure to document the reason why you treat some employees differently than others. For example, if employees can’t take leave until they have completed a probationary period, clearly explain that in your handbook.

Court: Nursing mom entitled to light duty