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FMLA

Ignoring FMLA paperwork may bar unemployment

01/02/2018

Workers who are fired for breaking a workplace rule generally aren’t eligible for unemployment compensation. That’s because rule-breaking may constitute willful misconduct, which bars benefits.

It’s OK to fire in the middle of FMLA leave, but be prepared to show valid, unrelated reason

01/02/2018

Employees who are out on FMLA leave don’t enjoy any special protection against being fired for unrelated reasons. If you can show you would have terminated the worker even if she had not taken FMLA leave, chances are the termination won’t be seen as FMLA interference or retaliation for taking FMLA leave. However, such a move will probably trigger a lawsuit anyway.

Employment law by the numbers: Know which laws count

12/20/2017

Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business.

Next-day notification OK when need for intermittent FMLA leave wasn’t foreseeable

12/18/2017

If someone didn’t foresee the need for leave (for example, because a medical condition flared up suddenly), don’t turn them down just because they waited overnight to ask for time off.

To call or not to call: Contacting workers on FMLA leave

11/29/2017

Here are four common issues involving communications with employees during their FMLA leave.

Reassignment can be post-FMLA accommodation

11/21/2017

When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both.

FMLA mistakes aren’t necessarily ‘willful’

11/15/2017

Under the FMLA, employees have two years to sue for alleged violations—extended to three years if the violation is “willful.” But not every FMLA mistake is a willful violation.

Document business reasons for staffing moves

11/15/2017

Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.

OK to fire if you discover mistakes while employee is out on FMLA leave

11/15/2017

Sometimes, an employee with a blemished disciplinary history may think he will be protected from termination if he takes FMLA leave. But the FMLA right to return isn’t absolute.

Supreme Court passes on FMLA retaliation

11/09/2017

Where an employer is located makes a difference when it comes to defeating an employee’s FMLA retaliation lawsuit. That’s because different federal courts use different standards for what an employee needs to prove to win a retaliation case under the FMLA.