You know, it’s one thing to communicate with employees on FMLA to express concern for their well-being or determine whether they plan to return to work as scheduled.
But, when you turn into the FMLA Police, that’s when problems ensue.
A little over three years ago, I blogged here about the Senate and House each introducing the Family and Medical Insurance Leave Act. (FAMILY Act). The FAMILY Act, which never made it out of Congress to President Obama, would have created a national paid family and medical leave program for all workers, male and female.
Well, guess what’s back?
In plain English, the court in Capps v. Mondelez Global, LLC concluded that an employer can fire an employee whom it truly believes is misusing FMLA — even if the employer’s suspicion of FMLA fraud turns out to be wrong. That’s not FMLA retaliation.
But, a recent case is a good reminder not to overlook a basic FMLA tenet: an employee returning from leave should be restored to the same position (or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment).
If your Saturday night consists of nerding up on HR compliance with both the Family and Medical Leave Act and the Americans with Disabilities Act, why fight it? We’re kindred spirits. So, take my hand…
And prepare for a magical 9/24.