Tag: Leave Management

FMLA

Employer Makes ‘Lemonade’ Out of Employee’s FMLA Lawsuit

To be candid, I wasn’t sure who Beyoncé is. While I know a lot about employment law, I often come up short on popular culture. So it’s fortuitous that an employee in Ft. Worth, Texas was fired for attending a Beyoncé concert while she was on Family and Medical Leave Act (FMLA) leave. In addition […]

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termination

Worker Fired for Performance Problems Points to Retaliation Instead

An employer provided additional training to an employee with documented performance problems, but when her performance slipped again, she was fired. Noting that the termination occurred shortly after she took medical leave, the employee claimed that she was fired in retaliation for exercising her rights under the Family and Medical Leave Act (FMLA).

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FMLA abuse

How Much FMLA Leave Is Too Much?

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. And so goes the following case, in which the employer gave the employee […]

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Leave

FMLA: Is Postoperative Care Considered a Serious Health Condition?

As employers are well aware, the Family and Medical Leave Act (FMLA) allows eligible employees to take leave for qualifying serious health conditions. In a recent decision, the U.S. 2nd Circuit Court of Appeals—which covers Connecticut, New York, and Vermont—highlighted the need for employers to be more inquisitive—and perhaps more expansive—when determining whether a condition […]

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healthcare

Health Benefits During FMLA Leave: Who Pays?

For many HR professionals, Family and Medical Leave Act (FMLA) administration is near—or at—the top of the list of most-hated-things-about-the-job. And given that the law is confusing and burdensome and nitpicky, it’s no wonder.

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Leave

Think You Can’t Terminate an Employee on FMLA Leave? Think Again

One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave. Anyone who assumes that taking FMLA-protected leave provides some type of protection from all disciplinary actions would be wise to remember the age-old adage about assumptions, as one […]

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Leave

FMLA Leave 101: What Qualifies as a Serious Health Condition?

Managing leave under the Family and Medical Leave Act (FMLA) has its challenges. Employers need to ensure that all HR staff and all managers who deal with employee leave requests are well-versed in the finer details of FMLA-related leave. They should understand who is eligible for leave, how much they’re eligible for, how you track […]

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