The requirements of the Family and Medical Leave Act (FMLA) can be tedious to wade through sometimes, but familiarity with them can save you a lot of money and trouble later on. Here are three tips for staying clear of FMLA retaliation claims:
1. Enforce policies reasonably. Although you can require employees to notify you concerning their absences, use your common sense in applying your policy to the particular circumstances. For purposes of leave notification, for example, an employee who is lying comatose after an accident is in a different situation than a worker who’s out with a back sprain.
2. Watch out for ADA issues. An employee’s reason for requesting or taking FMLA leave may qualify as a disability under the Americans with Disabilities Act (ADA). In all cases, open discussion with the employee about the situation and possible accommodations is a better option than flatly denying leave–or, worse, firing the employee.
3. Be careful with complainers. After an employee has filed a grievance, an EEOC charge, or another complaint, any adverse action taken against that employee may trigger cries of retaliation. Make sure you carefully document your reasons for any disciplinary actions taken.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.