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The Employer Handbook BlogHow Saying the Quiet Part Out Loud Cost an Employee Her FMLA Case
Sometimes, what an employee says about their own abilities can be the employer’s best defense. Continue reading
Articles Posted in Family and Medical Leave
The six words that helped turn a layoff into a lawsuit
Sometimes it is not the reduction in force itself that creates risk, but the combination of what is said and how the data is applied. In this case, six words from a supervisor, “a potential strain on the department,” together with disputed productivity metrics and the treatment of a pregnant employee returning from FMLA leave, convinced the Sixth Circuit that a jury should decide. Continue reading
What happens when a nurse tests positive for opiates, claims bias, and sues under four different statutes?
Missing narcotics. A dazed nurse. Co-workers whispering. A trip to the ER. It sounds like the plot of a medical drama, but it was the real backdrop for a recent Seventh Circuit employment case. The outcome offers lessons for every employer, not just hospitals. Continue reading
HR heads up: a doctor’s FMLA certification isn’t a ceiling for unpredictable intermittent leave
Sometimes what looks clear on paper isn’t the end of the story. A recent federal appeals court decision reminds employers that a doctor’s certification can’t always be enforced as a strict limit on FMLA leave.
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Retaliation Under State vs. Federal Law: Why Some States Might Give Employees an Edge
When it comes to workplace retaliation, the difference between winning and losing can hinge on whether you are in state court or federal court. A recent New Jersey appellate decision reinforces that state anti-discrimination laws may not just mirror federal law – in some ways, they can give employees broader protection. Continue reading
DOL Revives Its “Amnesty” Program to Help Employers Dodge Wage Disputes
It’s one of the few government programs that rewards employers for doing the right thing before getting sued. Continue reading
Questionable Absences, Point-Based Discipline, and a Hard FMLA Lesson
A transit agency thought it had a clear-cut reason to fire an employee under its no-fault attendance policy. But a disputed call-out, followed by a retroactive FMLA approval, now means a jury gets to decide whether the termination was lawful. Continue reading
The FMLA Trap You May Be Walking Into—Even When Fraud Seems Obvious
“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. Continue reading
A Half-Hour Absence. Seven Years of FMLA Fallout.
She left work early during her pregnancy—with her supervisor’s okay. Seven years later, the court said she may have had every legal right to do so. Continue reading
The DOL Just Relaunched Opinion Letters—Here’s Why That Matters for Employers
On Monday, June 2, the U.S. Department of Labor (DOL) announced the relaunch and expansion of its opinion letter program. This move reinstates a valuable compliance tool for employers, particularly those navigating complex wage-and-hour for Family and Medical Leave Act regulations. Continue reading