Tag: South Dakota

Timing Is Everything: Returning Employees to Work After FMLA Leave

By Mika Shadid Tucker, JD You must carefully consider the timing when you execute certain employment decisions that affect an employee who recently exercised her FMLA leave rights. Implementing a previously contemplated adverse employment action isn’t discrimination as long as the FMLA leave wasn’t a motivating factor.

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FMLA: Termination Due to Restrictions During High-Risk Pregnancy

By Stephen W. Jones, JD The 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently held that presenting a doctor’s note to her employer entitled a pregnant employee to the protections of the Family and Medical Leave Act (FMLA), and the employer’s decision to fire her on the last day of […]

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FMLA: Does Texting Apply Under Call-In Policy?

By Steve Jones If you have an attendance policy that requires employees to follow a certain procedure to notify management of absences but you occasionally receive notice in a way that isn’t specified in the policy (e.g., a text instead of a phone call), you should make sure you’re consistent in accepting or refusing the […]

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