FMLA

If doctor’s note is unclear, insist on a properly completed FMLA certification form

10/05/2012

Some employees and their treating doctors seem to believe that as long as a medical professional says an employee can’t work, that’s enough to justify FMLA leave. That’s not true.

Tell supervisors: Never discourage employees from taking FMLA leave

10/05/2012

When employees take FMLA leave, it can cause major headaches for their supervisors. But displays of frustration—and subsequent discipline or comments at work—may be interpreted by employees as retaliation for requesting the FMLA leave.

FMLA: Second medical opinion is your option

10/02/2012

The FMLA allows employers that don’t want to accept an employee’s medical certification to ask for (and pay for) a second opinion. If the two opinions contradict one another, the employer may pay for a third, tie-breaking assessment. But that can be expensive. If you prefer to simply deny the employee’s leave request, that’s fine.

How to guarantee a lawsuit: Fire good employee right after she asks for FMLA leave

10/01/2012

Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Employee late in submitting his FMLA certification? Don’t just fire! Find out why

09/27/2012

When employees take FMLA leave, you can require they obtain written certification from a doctor to confirm the underlying serious health condition. FMLA rules say you must give the employee “at least 15 calendar days to obtain the medical certification.” But take note: It’s not smart to terminate an employee simply because you didn’t receive the paperwork on time.

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012

There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.

Worker just mentions family member’s illness? That’s not adequate FMLA notice

09/20/2012

Good news on the FMLA front: A court has ruled that employees have to do more than merely mention that a family member is sick to trigger an employer’s FMLA obligations.

Avoid FMLA suit: Cut slack for leave-takers

09/20/2012

Employees who are so sick they need FMLA leave certainly can’t perform essential job functions while on leave. Employers must alter their workload expectations accordingly. If they don’t, and then later punish the employee for poor performance, an FMLA interference lawsuit is almost sure to follow.

Always check supervisor’s firing recommendation

09/17/2012

The FMLA allows double damages for willful violations. Recently, the 8th Circuit Court of Appeals ruled that the extra damages can be levied against an employer that essentially rubber-stamps a supervisor’s wrongful termination decision.

Even if you’re wrong, you can fire employee who’s on FMLA