FMLA
Vacations on FMLA?
It seems like every day, I get some very unique questions in my practice. This one was a doozy. A client calls and tells me that an employee who is out of work on a medical leave of absence is posting pictures of herself on Facebook while on a wonderful vacation in the Bahamas. Needless […]
So, What Exactly is FMLA Interference?
Most employers today know what the Family and Medical Leave Act (“FMLA”) requires, i.e. job protected leave for employees working for employers with 50 or more employees. But most employers know very little about what the law prohibits, namely both interference with and protection against retaliation when an employee exercises FMLA rights. As part of […]
The FMLA and the “Honest Belief” Defense
Federal courts have upheld a defense to a Family and Medical Leave Act (“FMLA”) retaliation claim called the “honest belief” defense. The “honest belief” defense means that “where an employer provides evidence that the reason for the adverse employment action taken by the employer was an honest belief that the employee was misusing FMLA leave, […]
Does My Employee Have to Tell Me He has a Condition Triggering FMLA?
The short answer is “NO.” A recent Federal District Court decision suggests that employers are cautioned to “pay attention to” and ask questions about any mention by an employee of a serious health condition before they make the decision to take any negative employment action (firing, demoting, suspending, etc.) The Result: A Federal Court in […]
Do Co-Workers’ Discourteous Attitudes Establish FMLA Retaliation?
The Family Medical Leave Act (“FMLA”) is one of the laws about which employment lawyers get the most questions. The FMLA can be complicated to apply to factual situations and employers are justifiably concerned that if they take disciplinary action against an employee after he/she returns from FMLA leave, even if the discipline is based […]
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