Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?
We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.
Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.
Employees who file for bankruptcy are supposed to list all their assets in their bankruptcy petitions, including pending lawsuits or potential lawsuit claims. That’s because creditors may be entitled to a share of those assets to satisfy debts. The reason: It’s unfair to creditors for someone to discharge their debts and then collect a million-dollar judgment from her employer.
In 2007, the EEOC released a set of guidelines advising employers on issues related to caregiver bias. Following up on that issue, the commission has supplemented those guidelines with recommendations designed to help employers “reduce the chance of EEO violations against caregivers.” It’s imperative that companies begin to train managers and supervisors on the content of this most recent guidance.
Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?
All by itself, a negative performance review after an employee has taken FMLA leave doesn’t give the employee a reason to file a lawsuit. Unless the poor review is accompanied by something tangible—like a demotion or the loss of a pay increase—courts won’t see the review as retaliation.
In light of the H1N1 virus pandemic scare, now's the time to make sure your organization has an effective pandemic plan in place. As public health officials prepare for a vaccination campaign this fall, here are 13 steps you can take to deal with H1N1.
When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.
Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?
A federal court has awarded more than $100,000—plus enhanced pension benefits—to an employee who was fired when the company wrongly believed his FMLA leave had expired.
Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.