Employees who take
Unless you are convinced you can absolutely prove that you would have changed the employee’s assignment even if she never went on leave, promptly restore her to her former job.
Recent case: Laura Huck became pregnant with twins and needed about two weeks off to deal with complications. When she returned, she learned that her status had changed from exempt to hourly, her hours were altered and she had different duties.
She sued. The court said there was enough evidence that her employer had interfered with her to warrant a jury trial. (Huck v. Greenspan, No. 06-CV-14562, ED MI, 2009)
- If employee can't return from FMLA leave, it's not interference to terminate
- Make sure you ask for FMLA certification each time employee says she needs leave
- Settling the case was easy, until the IRS got involved
- When can we legally dock employees' salaries?
- How to handle partial-day absences under FMLA