FMLA

FMLA can’t be used to create long weekends

02/12/2019

Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?

You don’t have to send out a search party to notify absent employees of leave policies

02/06/2019

Employers that have tried to tell an employee what’s missing in a leave request don’t have an independent obligation to hunt down the employee to give her the information if she hasn’t provided contact information.

RICO doesn’t cover employment law violations

01/31/2019

An employer has won a case that could have greatly complicated employment law litigation. A federal court has refused to allow a Racketeer Influenced and Corrupt Organizations Act claim against an employer for using phones and the internet to discuss terminating an employee.

Break the FMLA shield: Document when you began considering discipline

01/23/2019

An employee may think taking FMLA leave will prevent serious discipline such as being terminated. That strategy won’t work if you can show the disciplinary process had already begun before she asked for FMLA leave.

Beware close timing between discipline and employee’s request to take FMLA leave

01/22/2019

If you intend to discipline someone who is on or is about to go on FMLA leave, be sure everything about the disciplinary process looks legitimate and fair.

Employee files FMLA suit? Check deadline compliance

01/04/2019

The FMLA doesn’t require an EEOC filing, and provides a two-year deadline for suing.

No FMLA leave? ADA may be available

12/06/2018

An employee who has used up all paid and FMLA leave (or who isn’t yet eligible for FMLA leave) may have other leave options if he’s also disabled.

Fired after using FMLA leave? Expect lawsuit

12/06/2018

Firing an employee while referencing use of FMLA leave may trigger a retaliation lawsuit.

Managers help Chicago 911 slash FMLA absences, costs

11/20/2018

Two years ago, 49% of the employees at the city of Chicago’s main 911 call center were out on some type of absence related to FMLA leave. But a crackdown this year trimmed employees’ FMLA usage by 4,000 hours, slashed absenteeism by 900 shifts and cut overtime cost by $800,000. How?

Posting FMLA notice helps cut off lawsuits

11/14/2018

Employers that post appropriate FMLA notices alerting workers to their FMLA rights—and train managers on the FMLA—generally get the benefit of the two-year deadline.