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FMLA

Caregiver leave: Was this firing disability discrimination?

12/12/2012
A refusal to grant time off as an accommodation for the disability of an employee’s family member will only pass muster for employers too small to be covered by the FMLA or employees who did not work long enough to be eligible for FMLA leave.

OK to fire worker who took FMLA leave–as long as reason doesn’t involve FMLA

12/12/2012
Taking FMLA leave doesn’t protect employees from being fired for other reasons.

Track FMLA return history to show you don’t retaliate

12/05/2012

Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

How should we handle documents containing info about employees’ medical conditions?

12/03/2012
Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?

Does the FMLA cover leave for ‘stress’?

12/03/2012
Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?

Warn bosses: Don’t say anything about medical conditions that may be covered by FMLA

12/03/2012
Making comments about someone’s illness is both rude and unprofessional. It may also be the basis for a lawsuit. That’s reason enough to warn supervisors and managers against discussing medical problems related to FMLA leave

Request accommodations info after FMLA leave expires

11/30/2012
Employees who run out of FMLA leave may still be eligible for additional time off under the ADA if their condition qualifies as a disability.

Does your workplace have a ‘macho’ culture?

11/27/2012
Some managers still don’t understand why dads need—or are legally entitled to—bonding time with their newborns. Make sure your supervisors understand that it’s unlawful to retaliate against men who take such FMLA leave to care for their children or parents.

It’s your call: Allowing intermittent FMLA leave after birth is up to employer

11/26/2012
The DOL’s FMLA rules clearly say, “An eligible employee may use intermittent or reduced schedule leave after the birth to be with a healthy newborn child only if the employer agrees.” Whatever you decide, put it in writing and be consistent.

Beat FMLA suit by showing you would have fired anyway

11/09/2012
Employees who have taken FMLA leave and then been fired often sue. However, all is not lost for ­employers faced with such a case—if they can show they would have fired the em­­ployee anyway. In fact, chances are, they’ll win.