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?
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 […]
When Firing for Excessive Absences Can Lead to a Lawsuit…
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 […]
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 […]