FMLA

Yes, you can fire workers who take FMLA leave

09/04/2019

Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

DOL seeks employer comments on proposed FMLA form revisions

09/03/2019

The U.S. Department of Labor is soliciting feedback on proposed revisions to seven forms used to certify the need for FMLA leave and provide notice of FMLA rights and responsibilities.

FMLA covers some school-related absences

08/15/2019

For years, employers have been told the FMLA doesn’t cover leave that employees take for their children’s school-related meetings and visits. But an eye-opening new U.S. Department of Labor opinion letter adds an important new exception to that rule.

Choose best method to set FMLA calendar

08/09/2019

Employers can calculate the 12-week unpaid-leave entitlement by choosing one of four methods. Not choosing a method can prove dangerous, as a recent case shows.

Pierce terminated worker’s ‘FMLA shield’

07/09/2019

Workers commonly believe they can’t be fired or disciplined while they are out on FMLA leave. They’ll threaten to sue if they believe their jobs are threatened. But their faith in the protective power of the FMLA is misplaced.

Neither ADA nor FMLA require indefinite leave

07/02/2019

Disabled workers with serious health conditions have other time-off options once FMLA leave expires. But there is no requirement for employers to provide continuous, indefinite leave based on the mere hope that the worker will soon be able to return to work.

How to improve the FMLA? DOL wants your ideas

06/20/2019

Even after 25 years, compliance with the FMLA still confuses and trips up employers. Recognizing this, the U.S. Department of Labor says it will soon seek public comments on ways to improve FMLA regulations.

Transfer after taking FMLA leave? That could be considered retaliation

06/13/2019

If you transfer an employee soon after she has returned from FMLA leave, you could wind up facing an FMLA retaliation lawsuit. And as long as the employee can show the transfer was motivated by the use of FMLA leave, she can take a lawsuit to a jury.

Take extra care when firing after ADA, FMLA

06/10/2019

Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Before signing settlement, consider other filings

06/06/2019

Sometimes, an employee files several discrimination complaints about incidents that are allegedly related. If you’re thinking about settling one complaint, be aware that other, related claims may remain outstanding.