Don’t consider FMLA leave when tallying employee’s ‘excessive’ absences

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in Employment Law,FMLA Guidelines,HR Management,Human Resources,Leaders & Managers,Management Training

You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions.

Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit. The employer would have to show that it would have made the same decision even if it hadn’t wrongly used the FMLA leave as a factor.

Recent case:
Eunice Hunter worked for the Valley View School District as a night custodian. She was involved in a serious car accident and had to have a series of operations. To minimize disruption to the school where she worked, Hunter made it a point to take intermittent FMLA leave during summers when kids were out of school.

After her final operation, her doctor cleared her to return to work, but with lifting restrictions.

That’s when the school district decided to place her on involuntary medical leave. The superintendent wrote t...(register to read more)

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