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)
- Deployed employees keep benefits at Michigan military contractor
- Think employee is committing leave fraud? Feel free to discipline--and document why
- How should we count FMLA leave when both parents work for the same company?
- More leave after FMLA leave?
- Carefully consider FMLA request to prevent double damages