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It’s all fun and games until joking about injuries leads to an FMLA violation

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in Employment Law,FMLA Guidelines,Human Resources

Employees are entitled to up to 12 weeks of FMLA leave for serious health conditions, including on-the-job injuries. Employers aren’t allowed to interfere with the right to take FMLA leave. It is an entitlement, and punishing or otherwise dissuading workers for exercising their FMLA rights may constitute harassment and retaliation.

While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.

Recent case: Anthony took a job as a court officer for the New York State Unified Court System and underwent extensive training before his first assignment.

His job was hazardous, as it involved attending various court proceedings in which participants’ emotions often run high and those charged with crimes do not always cooperate. Anthony’s trainin...(register to read more)

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