The scenario is all too common: An employee takes and exhausts 12 weeks of FMLA leave and still cannot return to work. At this point, the employer is left with a dilemma — does it terminate employment because the employee cannot immediately return to work, or does it consider approving more leave than the 12
July 2012
Using “Rolling” Method to Calculate FMLA Leave Almost Always the Best Choice for Employers
There are a number of discussions happening lately about updating handbook provisions and social media policies to ward off a suddenly over-zealous National Labor Relations Board. And this advice certainly is well taken.
As you review and revise these policies, consider also taking a look at your FMLA policy, and specifically, how you calculate your…
Supervisor’s Comments After Employee Seeks Leave for Hysterectomy Creates Viable FMLA Claims
Remember a few months back when I warned employers to be wary of eliminating the position of an employee who days earlier requested several weeks off for surgery?
Let me take that advice one step further: if an employee informs you that she needs leave to undergo a hysterectomy, don’t tell the employee it’s “not…
Is Time Spent Filling Your Prescription at Walgreens Covered by FMLA?
Take Bob. He is a machine operator. Bob suffers from back and leg pain as well as bouts of anxiety. As a result, he typically visits with his physician every couple of months and is on prescription medication. He’s been approved for intermittent FMLA leave as a result of his serious health condition(s).
On September…