An employee goes out on FMLA leave. While the employee is on leave, the employer contacts her. Six days before the anticipated end of that leave the employer fires the employee. The employee sues, alleging FMLA interference. Who wins? In this case, the employer did. Let’s delve into some of the details to learn why […]
Having Leave Abuse Issues? How ‘Bout Those Attendance Policies?
So many inquiries I receive from employers and H.R. practitioners center around suspected leave abuse. Many say that managing absences and staying in compliance with the FMLA and ADA are among their biggest headaches. How do you hit that sweet spot? Is it possible? Yes it is. I’ll discuss just a few ways and give […]
Does An Employee’s Disclosure of Depression Equal an FMLA Request? Sometimes…
What happens when your previously top-performing employee starts having attendance issues? Sounds like a no-brainer, no? You talk to the employee and document the verbal counseling. If it continues you might progress to a write-up. What happens when s/he tells you s/he has been diagnosed with depression, and is adjusting to medications? Your first thought […]
619,000 Reasons Not to Mention an Employee’s Leave in a Performance Review
Can your employee’s recent absence influence his or her job performance? Possibly. What happens when it’s time to evaluate that employee’s performance? Since the absence may have impacted your operations, and may have impacted that employee’s job performance, wouldn’t it make sense to reference it? Shouldn’t you be factoring in everything when you are looking […]
For FMLA and ADA Claims, Timing May Be Everything…
Have you ever had to discipline an employee? I assume so. What about one who is or was on leave?– be it FMLA, You’ve probably been told that you need to tread lightly if/when you do. In fact I’ve said so here. That doesn’t mean you can’t discipline an employee who is on leave. In […]