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You are here: Home / Archives for Family Medical Leave Act

When Absence DOESN’T Make the Heart Grow Fonder: Leave Requests Under the ADA

December 12, 2019 by theemplawyerologist Leave a Comment

Woody Allen is credited with saying that 80% of success is showing up. That could certainly apply to the workplace. To be fair though, he made that comment in 1977 before remote work, telecommuting, video conferencing and similar technological advances were in existence. It’s clear that some jobs do not require physical presence on the […]

Is Vacationing While on FMLA Leave Grounds For Termination? Maybe (Not)…

June 27, 2019 by theemplawyerologist Leave a Comment

Employee leave abuse has gotten a lot of attention. The most common example is the employee who requests and gets approval for FMLA leave and the employer learns that s/he is really on a trip. That’s not surprising. You’re probably thinking, ” Isn’t that a no-brainer?”. The answer really depends on the specific facts. What happens if an employee requests leave to receive and recover from surgery and s/he spends part of that recovery period on vacation?

Leave Me Alone: Can You Contact (or Fire) Employees on FMLA Leave?

June 6, 2019 by theemplawyerologist Leave a Comment

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 […]

When Firing for Excessive Absences Can Lead to a Lawsuit…

May 9, 2019 by theemplawyerologist 1 Comment

You have a right to expect your employee to do his or her job. You have a right to expect him or her to show up to work (whether on your premises or via a remote location). Typically attendance is considered an essential job function. So, if your employee misses work too many times, wouldn’t […]

Can an Ineligible Employee Get FMLA Leave?

December 6, 2018 by theemplawyerologist Leave a Comment

Wait is this a trick question or has the writer (yours truly) lost her marbles? (Are those options mutually exclusive?) An employee ineligible for FMLA leave, by definition can’t get FMLA leave, right? I mean the employee has to meet specific criteria, the reason for the leave must meet certain criteria. Heck, if the employer […]

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