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FMLA

Employee must request more leave as ADA accommodation

08/29/2014
Employees facing the end of FMLA or other medical leave are sometimes entitled to additional time off as a reasonable accommodation under the ADA. But they have to ask.

Warn supervisors against commenting on FMLA use

08/18/2014
Having employees out on FMLA leave is a hassle. But even worse trouble is certain if bosses make a big deal out of routine FMLA leave re­­quests.

OK to terminate after FMLA as long as you document business-related rationale

08/18/2014

Employers sometimes think it’s too dangerous to fire a worker who has recently returned from FMLA leave. But don’t let fear of a lawsuit keep you from making a reasonable and necessary business decision. Just make sure the employee’s use of FMLA leave didn’t motivate the discharge.

No FMLA? That doesn’t mean you’re free to fire and replace new mother

08/14/2014
Some employers mistakenly think that if they terminate an em­­ployee who isn’t yet eligible for FMLA leave, the employee can’t sue. While you may not be violating the FMLA, you may violate other laws that protect the worker.

Timing is everything in FMLA retaliation cases

08/06/2014
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.

Electrical company’s strong-arm tactics shocking

07/31/2014
Corpus Christi-based Nueces Elec­­tri­­cal Co-Op has agreed to pay a former employee $46,920 in back pay and damages after it forced him to retire and tap his 401(k) retirement fund instead of granting him FMLA leave.

Employee must address ADA, FMLA thresholds up front

07/31/2014
Here’s a case that may help you get an ADA or FMLA case dismissed quickly when an employee is acting as her own attorney. A worker has to allege up front in her lawsuit that her employer has enough employees to be covered by the FMLA or the ADA.

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

07/31/2014
Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.

When does ‘almost eligible’ qualify for FMLA?

07/25/2014

Eligibility for job-protected FMLA leave kicks in for employees after they’ve worked at a covered employer for at least 12 months (and for 1,250 hours). But take note: That doesn’t mean you can fire employees who request FMLA leave just days before they hit their 12-month anniversary date. As this new case shows, employees can use other accrued leave to “bridge the gap” until they reach the 12-month eligibility limit.

Warn bosses: No negative comments about FMLA leave

07/23/2014
Criti­­ciz­­ing employees for taking FMLA leave can mean trouble.