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You are here: Home / Archives for FMLA retaliation

Could Your Call-Out Procedures Spell Trouble Under the FMLA?

October 22, 2020 by theemplawyerologist Leave a Comment

Suppose your employee sustains a work-related injury. We already know that s/he is probably eligible for workers’ comp benefits. What if s/he also needs – or requests–time off to recover? If you have 50 or more employees in a 75-mile radius and if s/he worked at least 1250 hours in the last 12 months, s/he […]

Furloughs Aren’t Illegal, Are They?

September 10, 2020 by theemplawyerologist Leave a Comment

Suppose you find your company is affected by the pandemic and resulting economic downturn. You decide to furlough some of your employees. You inform them of their impending furlough. You hope that you can now focus on staying afloat until the economy improves. Could the furloughs themselves cause you other problems? What if your employees […]

But It’s Like They’re My Children…What FMLA Doesn’t Cover

February 27, 2020 by theemplawyerologist Leave a Comment

A member of the team you supervise is up for a promotion. You reject that team member as you feel s/he is not dependable. Specifically, s/he is out at least once every 2 weeks on what s/he calls “intermittent FMLA”.  That same less-than-stellar attendance record provided support for his/her recent negative performance review. The employee […]

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 […]

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