FMLA

FMLA: You can require fitness-for-duty proof

03/07/2017

It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

Paid leave can be adverse employment action

03/03/2017

It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

Beware asking for extra ‘proof’ of FMLA need

03/02/2017

Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court case demonstrates.

Do your supervisors know their FMLA duties?

02/23/2017

Mistakes by front-line managers—usually simple, unforced errors—can lead to costly FMLA liability.

Long absence due to illness? Keep employee apprised of FMLA status

02/09/2017

Sometimes it’s obvious that an employee will miss much more work than her available leave can cover. When that happens, provide her with all the necessary notices about how much leave she has used and when it expires.

FMLA doesn’t prevent firing for poor performance

02/01/2017

Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Court: State institutions held immune from suits related to FMLA self-care provisions

02/01/2017

The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.

Request for leave to care for sick relative doesn’t have to be in writing

01/23/2017

If an employee comes forward and requests a work-related accommodation, refusing to make that accommodation may mean the employee becomes eligible for unemployment.

Beware demotion following disability leave

01/03/2017

Before you demote an employee who is returning from a lengthy medical leave, consider whether he might file and possibly win a disability discrimination claim.

You’re not expected to be an FMLA mind-reader

12/29/2016

Merely mentioning an illness isn’t the same as requesting FMLA leave.