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)…
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 […]