Family Medical Leave Act (FMLA)

Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?

the situation An employer has talked with an employee about possibly putting him in a new sales position.  Before that can happen, the employee develops a medical condition which necessitates him being out of work for a month and taking FMLA leave. When he returns, he informs the employer that he will not be able […]

READ MORE

EEOC Goes After Another Employer For Failing to Extend Leave

the situation An employee who has been out on leave asks for a several extra weeks of leave—putting her over the twelve weeks to which she is entitled under the FMLA. Does the employer have an obligation to consider this request under the ADA?

READ MORE

Is it Okay to Give Women More Parental Leave?

the situation A company implements a new parental leave policy which allows more time off for biological mothers than biological fathers, along with offering new mothers better benefits related to their transitions back to work. Could this be unlawful?

READ MORE

What Counts as Bad Faith Under the FMLA?

  the situation An employee requests to use a month of FMLA leave based upon an injury and the request is approved. The employee tells HR that she has an appointment with her doctor on the day before she expects to return (which happens to be a Friday).  During that doctor’s appointment, the employee is […]

READ MORE

FMLA Retaliation Claim Even Where Actual Decisionmaker Didn’t Know About Use of Leave?

the situation An employee requests and is approved for FMLA leave based on a mental health condition.  While she is out, she accumulates a backlog of work. According to her supervisor, after she returns, she continues to have performance problems, including not meeting certain metrics and otherwise just not meeting his standards.  Based on a […]

READ MORE

Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim

the situation An employee begins working as a sales consultant and from the beginning, has serious performance issues. She is given a number of warnings and even placed on an improvement plan. After she receives a final warning threatening termination if her performance does not improve, she submits a request for FMLA leave for some […]

READ MORE

Can You Claim Total Disability But Also Claim to be Qualified Under the ADA?

the situation An employee takes extended leave because of a medical condition.  After exhausting her FMLA leave, the employee asks for additional leave as an accommodation.  Because of the nature of her position and needs of the company, you cannot provide this accommodation and she is terminated.  The next day she files her application for […]

READ MORE

Supervisor Faces Individual Liability Under the FMLA

the situation After an employee at a public agency takes a number of weeks of approved FMLA leave, a supervisor begins criticizing her performance harshly (and at times, unjustifiably).  The supervisor ends up giving her a written warning for engaging in conduct that is not generally even disciplined.  When the employee later makes another mistake […]

READ MORE

Could Drinking a Beer Constitute a Legitimate Use of FMLA Leave?

the situation You have an employee who has requested intermittent FMLA leave because of some mental health conditions, including depression and anxiety. One morning, the employee tells his supervisor that he needs to use some of this leave because he is experiencing severe stress and anxiety. Another employee reports to you that as the employee […]

READ MORE

Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability

Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability by Elaine Inman Hogan, “The Job Description”, published by The Defense Research Institute (April 26, 2016) As employment lawyers, we are all too aware of the importance of consistency and the dangers of inconsistency when it comes to the application of employment policies.  […]

READ MORE