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
Employee’s Lack of Diligence in Obtaining Timely Medical Certification Destroys Her FMLA Claim
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
Bad Timing: Can an Employer Terminate an Employee Shortly After Requesting FMLA Leave?
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 his time
Dads Need Lovin’ Too! Father Can Proceed with FMLA Retaliation Claim in “Macho Culture” Lawsuit
Dads need lovin’ too. So says a federal court judge, who has allowed a father to proceed on his FMLA retaliation claim after the employee alleged that his employer’s “macho man” culture was a culprit in his ouster.
As I detailed in a previous blog post, Ariel Ayanna was an attorney at a Boston-based
“No Soup for You!” If An Employee Doesn’t Turn in Medical Certification, FMLA Leave is Not Protected
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
An “Indefinite Reprieve” of Essential Functions of Job Not a Reasonable Accommodation under the ADA
In light of the EEOC’s litigation over automatic termination provisions under the ADA (we’ve beaten you over the head with it here and here), employers generally feel as though they have no clue as to their legal obligations when it comes to providing a leave of absence as a reasonable accommodation under the ADA
Employee’s FMLA Leave Requires an Employer to Adjust Performance Standards
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
Employer Best Practices for Analyzing Whether Leave Beyond FMLA is an “Undue Hardship” under the ADA
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 weeks
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
Two Medical Conditions Can Equal One FMLA Serious Health Condition
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