Employers can terminate employees who are on FMLA leave if the employers are sure they can later prove to a jury that they would have made the decision to terminate whether the employee took leave or not. That’s a tough burden, so you must make sure you have a solid reason—and you must document it.
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.
A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.
Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.
It’s not surprising that employees and employers can view the same circumstances differently. Consider, for example, the following case, in which an employee thought she had been replaced and promptly left. She was entitled to unemployment compensation based on her reasonable belief that she had been fired even though her employer never told her so.
Question: “I’m wondering how other companies handle this situation: A worker is out on vacation leave (paid) and she gets sick during some of the vacation. Do companies allow employees to exchange those vacation days for sick days and let the worker take the vacation days another time?” — Belinda
Here's a round-up of HR advice to heed as the holidays roll around. Click on the links below for answers to holiday questions posed by our readers, as well as a slew of tips to keep things festive without finding a subpeona in your stocking:
Suggestion boxes seem like such a good idea! They’re an easy way to solicit employee input. They send the message that management cares. They get workers involved! What could go wrong?
You wouldn’t think a Pentagon budget bill would affect HR, but the 2010 Department of Defense appropriations law does—by expanding the military family leave amendments to the FMLA that were enacted last year. The legislation provided two new kinds of leave for employees with close relatives serving on active duty in the armed forces:
Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to?
Discrimination against employees because of their family caregiving duties has become a hotbed for litigation against employers, and every indication is that this trend will continue. So it’s critical for employers to recognize the potential for liability and take necessary steps to avoid being the next defendant. Here's how.