• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FMLA

Employee files FMLA suit? Be sure to check calendar

08/21/2012
Employees have no more than three years following an alleged FMLA violation to file an FMLA-interference lawsuit. And that’s only if the employer’s violation was “willful.” In most cases, they have just two years to get that lawsuit going.

Suspect leave abuse? Consider surveillance to catch those trying to game FMLA system

08/21/2012
Absenteeism is a big problem for many employers. If you suspect that some employees are taking advantage of your leave programs, you can and should come up with a plan to catch them, as one employer recently did.

Consider ADA–not just the FMLA–when employee experiences difficult pregnancy

08/14/2012

Most pregnancies proceed normally, with little or no real trouble for the mother. However, that’s not always the case. When things go wrong, the mother-to-be may be entitled to reasonable accommodations under the ADA. That’s true even if she hasn’t worked for her employer long enough to be eligible for FMLA leave.

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

08/14/2012

Employees are supposed to get FMLA certifications back to their employers within 15 days. But it’s not a good idea to terminate an employee simply because you didn’t receive the paperwork on time. The FMLA regulations include an out for employees who miss the deadline for reasons beyond their control.

Remind bosses: The wrong choice of words can bolster an employee’s retaliation lawsuit

08/14/2012
Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.

New hire requests FMLA? Beware retaliation

08/14/2012
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.

Planned layoffs can include those who took FMLA leave

08/07/2012
Employees on FMLA leave sometimes think they’re immume from being discharged. That’s not true. As long as FMLA leave isn’t a factor in the decision, you can fire those on leave.

OK to terminate, even after FMLA leave request

08/07/2012
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.

Use new employee FMLA guide as chance to review your policies

08/03/2012
Publication of the new DOL guide to employees’ FMLA rights signals an opportunity for employers to take a fresh look at this sometimes confusing law. It’s a golden opportunity to remind employees how their company leave policies mesh with the FMLA.

OK to change minor duties during or after FMLA leave

08/03/2012
Employees who take FMLA leave are entitled to return to the same or an equivalent position after their leave has expired. But that doesn’t mean management can’t alter minor job duties.