FMLA

When FMLA and ADA could be factors, consider both laws before denying return to work

04/24/2012

An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.

Calmly accept need for intermittent FMLA leave

04/24/2012

Intermittent FMLA leave can be a pain, especially in industries where attendance is crucial. That’s particularly true in nursing and related fields. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right merely because it’s inconvenient for employers …

What are the rules for requesting FMLA leave?

04/19/2012

Q. Does an employee who wants to take FMLA leave have to specifically ask for it by name?

Good news: 3 years is limit for FMLA complaints

04/19/2012

The 7th Circuit Court of Appeals has ruled that there is a three-year time limit for employees to file FMLA claims in federal court. It said workers have three years from the time their rights were allegedly violated, even if the worker was demoted and lost pay or benefits still affecting her paycheck today.

Employee leave: When does the FMLA stop, and ADA begin?

04/17/2012

FMLADA! Sometimes employment laws just look all blurry. Where does one law stop and the other law start? One court last month answered this question with a bright-line finding. The ADA doesn’t always have to kick in after FMLA leave …

Shopping for FMLA certification doesn’t justify failing to call in absence

04/11/2012

Employees may need some time off to get their FMLA serious-health-condition forms certified. But that doesn’t mean they can stop showing up for work and ignore company call-in requirements during that time.

Not sure employee is eligible for FMLA leave? Play it safe and assume she is

04/11/2012

Once a supervisor or manager has reason to believe an employee may qualify for FMLA leave, the company is obligated to investigate. Ignoring that obligation can be a big mistake.

Employee calling in ‘sick’ doesn’t automatically trigger your FMLA obligations

04/05/2012

Some employees believe all they have to do to invoke FMLA leave protection is to call in, say they’re “sick” and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Beware sudden criticism after FMLA request

04/02/2012

Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has requested FMLA leave and was previously performing well, be suspicious of claims she’s now performing poorly.

Employee out of FMLA leave and unable to do the job? It’s time to consider termination

03/30/2012

You probably know that when a disabled employee has used up all his FMLA leave entitlement, he may still be entitled to reasonable accommodations under the ADA. It’s legitimate to offer additional leave as a reasonable accommodation. However, at some point, time off can be a burden for employers, especially when the employee can’t estimate when he will be ready to return. In that case, it may be time to terminate the employee.