Tag Archives: Discipline

Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact pattern usually goes something like this: Johnny is an assemblyman at your 200-employee facility. He assembles johnson rods. He also has a chronic bad back, and … Continue Reading

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees. Take, for example, Joe, who suffers from irritable … Continue Reading

Facebook Pictures of Employee Socializing at Local Festival Drown Her FMLA Claims

Employers and fellow FMLA nerds, consider this an early holiday present: Courts are increasingly dismissing FMLA claims when they find that the employer has an honest belief that the employee has engaged in FMLA fraud.   This is a longer than usual post, but hang with me, as I share some best practices below.   … Continue Reading

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 a … Continue Reading

Mishandling FMLA Leave for Alcohol Treatment Causes Employer to Fall Off the Wagon

An employee enrolled in an addiction treatment program need not be under a doctor’s care or actually staying at a rehab institution to qualify for FMLA leave, according to a federal court in Texas.  Picarazzi v. John Crane, Inc. (pdf) The Facts Plaintiff Perry Picarazzi, a customer service representative for John Crane, Inc.(JCI), had a history … Continue Reading

Employer Properly Demoted Employee Upon Return from FMLA Leave

All too often, employers are criticized for blunders they could have avoided when taking disciplinary action against an employee with a medical condition.  However, a recent federal appellate court decision provides a glowing example of how an employer got it right when it disciplined an employee upon her return from leave under the Family and Medical Leave Act.  Last month, the … Continue Reading