Track every employee’s use ofand what happens when he returns to work.
Why? If you happen to terminate the employee shortly after he returns from approvedleave, he may claim retaliation.
But if you can show the court that you let him return many times in the past, it looks more like a coincidence that you terminated him this time.
Recent case: Wayne had a terrible attendance record. He took a series of short FMLA leaves on occasions when his family members became ill or incapacitated.
Shortly after returning from his last FMLA leave, he was terminated for accumulated and unrelated tardy arrivals. He alleged retaliation for taking leave.
The court said that made no sense because his employer had previously allowed him to return many times before. (Williams v. New York City Health, No. 11-CIV-9456, SD NY, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employees can't claim retaliation if they're not FMLA-eligible
- Must employers grant FMLA leave for an adult child's injuries?
- Offering extra leave beyond FMLA? You don't have to extend job return rights
- How to manage 'job creep' in today's jobless recovery