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FMLA

When can you fire someone on FMLA leave?

03/17/2014

An eligible employee receives up to 12 weeks job-protected leave for a covered reason whether the employer likes it or not. But that doesn’t mean that the employee can never be fired while on leave—as long as you would have done so even if she hadn’t taken FMLA leave.

EEOC settles GINA discrimination lawsuit with N.Y. employer

03/13/2014

In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.

Leave in Las Vegas: Does vacation with dying mom count as FMLA time?

03/13/2014
Beverly was the sole caregiver for her mother, who was diagnosed with end-stage heart failure. A charitable group for terminally ill people gave her mother a six-day trip to Las Vegas. Beverly requested FMLA leave to join her mom, but her employer said “no.” Beverly went anyway, and then was terminated for unauthorized absences. She sued, saying that trip should be eligible for FMLA leave …

Must we offer FMLA if person can no longer do the job?

03/07/2014
Q. One of our truck drivers just had a bypass operation and now has a defibrillator, which means, according to the DOT, he can no longer drive a truck. Do we still need to give this driver 12 weeks of FMLA time since he will never be able to return to work?

Let injured worker stay on leave until fully healed

03/06/2014
Disabled employees who return to work before fully healed may be eligible for light-duty positions or other modifications as reasonable accommodations. However, employers that allow leave until the employee is fully healed don’t have that obligation.

If business takes a turn for the worse, do we still have to hold job after FMLA?

02/28/2014
Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

Serial FMLA requests? Respond to every one

02/28/2014
Some employees seem to believe that every minor illness is grounds for FMLA leave. If it’s clear an absence is for an illness not covered by the FMLA, say so. That way, an employee can’t later argue that he was unfairly denied leave when you include the absence in the disciplinary process.

Develop process for extending FMLA leave

02/28/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.

Bill would extend FMLA to employers of more than 25

02/26/2014
Rep. Carolyn B. Maloney, D–N.Y., has reintroduced legislation that would require more employers to provide unpaid leave to employees who need to care for themselves or a family member. The Family and Medical Leave Enhancement Act would extend FMLA protections to workers in companies with more than 25 employees.

Make sure employees are clear about your system for counting FMLA leave

02/26/2014
Your organization is free to run FMLA leave concurrently with other paid leave. To avoid a lawsuit, just make sure you tell employees exactly how you are accounting for their FMLA leave.