Employees who take FMLA leave are entitled to the same or an equivalent job when they return. That means that the job must be virtually identical in all aspects, including pay. If you change the pay, the reason is irrelevant—it’s an FMLA violation.
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.
FMLA leave is an entitlement and interfering with that leave or punishing a leave taker will backfire. It may even mean personal liability for a manager who decides to punish an employee with an adverse action like termination or demotion.
Firing someone right after she requests FMLA leave or an ADA accommodation can often trigger a lawsuit. But timing close alone won’t sink your chances of winning—as long as you have a valid business reason for discharging the employee that is unrelated to illness or disability.
If you have employees in several locations, some may be covered by the FMLA and others may not be. Keep careful track of which is which. The key eligibility factor in the following case was the number of employees working in one of the employer’s two offices. The magic number is 50.
Always view termination as an act that might be challenged in court. That’s especially true if the employee has taken FMLA leave in the past. Lawyers love to file FMLA retaliation suits, which can be lucrative. Defend against them by backing up your termination decision with solid documentation of performance or behavior problems.