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?
The Third Circuit Court of Appeals has issued its first precedential decision confirming that the honest-belief doctrine defeats a retaliation claim under the Family and Medical Leave Act.
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.
So, where were we?
***Stirs lime rickey***
Ah yes, Rajai Davis had just blasted a two-run homer off of the video camera in left field to tie the World Series at 6 in Game 7 in the 8th inning and…
(spoiler alert)
What are some of the signs of employee abuse of leave taken under the Family and Medical Leave Act?
With all those notice requirements and certifications and such, it’s easy to get bogged down in the minutia associated with an employee’s request for leave under the Family and Medical Leave Act.
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…
Or, maybe just email me — yes, email is better — for the scintillating PowerPoint debuting today at the 2016 PA SHRM State Conference.
And prepare for a magical 9/24.
Happy belated Labor Day.
Did you have a nice weekend? My family took a little road trip down to Baltimore on Sunday for baseball game. While tempted to leave my first-born behind for wearing a Yankees t-shirt and hat — where did I go wrong as a parent? — I nonetheless enjoyed America’s Pastime and my son left Oriole Park at Camden Yards with a little something extra.
Well, back to boring reality. It’s FMLA time.
Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA?
At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact.
Join this new discussion to learn about the applicable employment laws, available accommodations and leave options under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and hear recent court cases and legislation and take away some best practices you/your organization can use.
The Employer Handbook Blog