Tag: Leave Management

fired

Retaliation—The Marcia Brady of Employment Law

Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.

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).

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 […]

FMLA

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 […]

fraud

Forged Doctor’s Note Triggers FMLA Fraud Investigation

Recently, a Justice Department official offered this sage advice: “If you’re going to defraud the government with a doctor’s note, make sure to spell the name right.” This was exactly the case for one Colorado U.S. Postal worker, who decided to defraud the government for 2 years—claiming she was suffering from cancer.

family

New Survey Finds Only 32% of Employers Offer Paid Family Leave

Does your company offer paid leave for the birth or adoption of an employee’s child? If so, you’re among the 32% of employers who say they offer this benefit, according to a new survey released by Standard Insurance Company (The Standard)—in conjunction with the Disability Management Employer Coalition (DMEC).  

FMLA

Can an Individual Supervisor Be Liable Under the FMLA?

Most supervisors know that they risk personal liability under Title VII of the Civil Rights Act of 1964 and Chapter 151B if they sexually harass a subordinate employee. But that isn’t the only way supervisors may be held individually liable in Massachusetts.