FMLA (Family and Medical Leave Act)

Thumbnail image for Paper wasn’t enough to inform worker of his FMLA call-in duties

Paper wasn’t enough to inform worker of his FMLA call-in duties

October 28, 2011 by Stephen J. Meyer

An employee violates company policy by not calling in during his FMLA leave, gets fired, and sues. Seems like an easy case for the employer, right? Perhaps not. Read on to learn more about what happened.

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faith healing

Do you have to approve FMLA leave for 'healing pilgrimages'?

May 9, 2011 by Stephen J. Meyer

A federal appeals court has just ruled that employees don't have a broad right to FMLA leave for pilgrimages or other faith healing. What could this ruling mean for your organization? Read on to find out.

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Just got fired

You Be The Judge: Did the boss or the worker close FMLA door?

November 29, 2010 by Stephen J. Meyer

A supervisor offered an employee FMLA leave in lieu of a leave of absence, but the employee turned it down and was subsequently fired for missing too much work. The employee then sued for FMLA interference. Did the court think he had a case? Read on to find out.

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Thumbnail image for Temporary reassignment didn't violate FMLA or pregnancy law

Temporary reassignment didn't violate FMLA or pregnancy law

October 25, 2010 by Stephen J. Meyer

If you temporarily reassign employees' duties to prepare for their absence on FMLA leave, can they later turn around and accuse you of an adverse job action? Probably not. Read on to learn why the courts ruled that this kind of reassignment doesn't violate FMLA regulations.

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Parents

FMLA surprise: You now employ way more 'parents' than before

September 29, 2010 by Stephen J. Meyer

The Department of Labor has just radically expanded the number of employees who can take time off to care for children. Employees no longer have to be a parent to care for a newborn, adoptee, or sick child. How much do these new regulations affect how you issue FMLA leave? Read on to find out.

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Employee getting transferred

FMLA condition or insubordination?

September 1, 2010 by Stephen J. Meyer

A supervisor claims that an employee was being insubordinate in refusing to carry out an order. The employee claims an FMLA-related illness prevented him from performing the task. The employee was suspended, and promptly sued the company. How did the courts see it? Read on to find out.

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FMLA Trouble

A troubling discovery while she was out on FMLA leave

August 4, 2010 by Stephen J. Meyer

Everyone knows that firing an employee for taking FMLA leave is illegal. But what happens if during the FMLA leave, an employee's poor performance comes to light? What can managers do then? Keep reading to learn what happens when FMLA regulations and poor performance collide.

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Thumbnail image for Disciplining FMLA leave-takers

Disciplining FMLA leave-takers

July 30, 2010 by Stephen J. Meyer

Most managers know you can't, and shouldn't, discipline workers for taking FMLA leave. But what if you need to discipline them for other reasons? Will the actions you take be perceived as retaliation? What steps can you take to be sure your disciplinary actions are justifiable and clearly documented. Find out how to navigate this legal minefield.

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Thumbnail image for If you were the judge: Employee's performance review referred to FMLA-covered absences

If you were the judge: Employee's performance review referred to FMLA-covered absences

July 12, 2010 by tjoneill

A recent court case looked into whether or not an employer interfered with an employees FMLA rights by mentioning FMLA covered absences in a poor performance review. Did the employer make a costly mistake? Read on to find out, plus learn what steps you can take to avoid finding yourself in the same situation.

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employees who abuse FMLA

How to handle those rare employees who abuse FMLA

March 31, 2010 by Stephen J. Meyer

When you come across "bad apples" who abuse FMLA leave, you need to deal with them decisively. Allowing abuse to continue crushes productivity and team morale. But be careful, the courts come down hard on employers who interfere with workers' FMLA rights. Read on and learn how medical recertification can help you safely navigate this legal minefield.

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