• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

From the courtroom: What you can and can’t do with FMLA

Get PDF file

by on
in Centerpiece,FMLA Guidelines,Human Resources

FMLA isn't just about maternity leave and medical concerns - but it does have its limitations. As employers can see in these recent court cases, it's important to document decisions and know what you can, and cannot do when it comes to the FMLA.

You CAN break the FMLA shield by documenting when you began considering discipline ...

Make sure you track exactly when you begin disciplinary action, especially when it comes to the FMLA.

Reason: It’s not unusual for a worker facing an uncertain employment future to “check out” for a while on FMLA leave. Sometimes, she may even think taking FMLA leave will prevent serious discipline such as being terminated. She may believe the employer won’t risk an FMLA retaliation lawsuit by firing her while she is on leave or right after coming back.

That strategy won’t work if you can show the disciplinary process had already begun before she asked for FMLA leave.

Recent case: ...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment