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The Employer Handbook BlogFMLA or Not, Performance Still Matters: This Case Shows Why
When criticism stays focused on performance, and not on leave, employers are on stronger footing. This decision shows how that plays out. Continue reading
Articles Posted in Family and Medical Leave
When an employee says “I need to get home,” you may already be in FMLA territory
Sometimes a routine overtime dispute turns into an FMLA problem because no one stops to ask the right questions. A new Eleventh Circuit decision shows how easily that can happen.
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Back to Basics: The FMLA Doesn’t Protect Poor Performance
When an employee on FMLA leave also happens to be a problem employee, HR can feel trapped. A recent federal appellate decision is a reminder that the FMLA is not a shield against legitimate discipline. If the company can show it would have taken the same action regardless of leave, it is on solid legal ground. Continue reading
How to Calculate FMLA Leave for Employees on Unusual Schedules (Like 12-Hour Shifts with Mandatory Overtime)
When your employees do not work a standard 9-to-5 schedule, calculating their Family and Medical Leave Act (FMLA) entitlement can get tricky. A new opinion letter from the U.S. Department of Labor clarifies how to handle it, especially when mandatory overtime and optional extra shifts are part of the mix. Continue reading
How 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
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