Have you ever made a rash decision that you wish you could take back the second you made it? One employer must feel that way right about now. Last week, a federal court refused to dismiss FMLA claims made against the employer by an employee who was terminated for exceeding the number of “episodes” of
When an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe.
A water bottling company recently learned this the hard way.
Peter Lyle was a route driver for “O Premium Waters,” a company that provided bottled water. In December 2009, Peter took FMLA leave, which was approved by
As a management side attorney, I love when FMLA cases provide real, practical takeaways for employers that help them better administer FMLA leave. Yesterday was one of those days, as a federal court took a plaintiff to task for: 1) failing to provide timely FMLA medical certification; and 2) failing to make a good faith
As a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee. Often enough, the situation goes something like this:
My operations people want to terminate Fred. He has flown off the handle one too many times, and now, we think we caught him misreporting
The FMLA just got a whole lot broader.
In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee’s right to take FMLA leave to care for her mother during a recreational trip to Las Vegas.
Yep . . . you read it correctly. Employee +
Last week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification?
Here’s a real life application of this question: Kimberly Miedema was an employee of Spectrum Catering, and after having claimed
Often enough, HR professionals tell me that they have a difficult time recognizing when an employee has provided adequate notice of the need for leave under the Family and Medical Leave Act. A recent court case reminds us that: 1) the threshold for requesting leave is not that high; and 2) employers have an obligation to
When an employee takes FMLA leave, is an employer obligated to adjust its performance standards so as to avoid penalizing the employee? According to a recent federal court decision, the answer is Yes. And failing to do so sets the employer up for an FMLA interference claim.
The Facts
Take this situation: Jeff was
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
Employers beware: Just when an employee gives you the left jab, look for the right hook. The combination of the two, as far as the Family and Medical Leave Act is concerned, can knock employers out. As evidenced by a recent federal court case, an employee may be able to add up two medical conditions