Tag: Leave Management

Kentucky

Does Auto Parts Worker Still Have an FMLA Claim After Threatening Supervisor?

The 6th Circuit Court—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard an employee’s Family and Medical Leave Act (FMLA) “interference” claim. The employee allegedly threatened a supervisor who issued him a disciplinary write-up over an absence he thought was covered by the FMLA. Did the alleged misconduct halt the FMLA process?

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injury

Ask the Expert: Must We Reinstate Injured Employee to Previous Position?

Question: One of our employee was injured at work. As per restrictions listed on his doctor’s note, we adjusted his duties.  We also lowered his hourly rate. Now the doctor sent a note saying this employee is fully recovered and can go back to his previous position. However, the employee who took over his original […]

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termination

FMLA Training Scenario: Termination for Performance Before Leave

Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  In this scenario, the employer fired an employee for “unresolved, previously discussed performance issues” —but they did it right after the employee returned from leave. […]

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reduced schedule leave

FMLA Training Scenario: Reduced Schedule Leave Request Vexes Employer

Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  This scenario involves an employee who can no longer work overtime due to a medical condition—but the employer says that working overtime is an essential […]

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FMLA Training Scenario: Doctor’s Note Requirements for Intermittent Leave

Here we present a leave-related workplace scenario intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  We present the “facts” of the scenario (inspired by an actual court case) and explain where the employer went wrong and what they may have done differently.  This scenario involves […]

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medical certification

FMLA Training Scenario: Medical Certification Missteps

Here we present a leave-related scenario intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA).  We present the “facts” of the scenario and explain where the employer went wrong and what they may have done differently.  This scenario and the resulting lawsuit, related to FMLA medical […]

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Mississippi

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.

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Coordinating FMLA with State and Federal Laws

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

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