Tag: intermittent leave


Terminating Employees and Preventing FMLA Retaliation Claims

Employees may bring two types of Family and Medical Leave Act (FMLA)-related claims against their employers: first, interference with their rights under the FMLA, and, second, retaliation against them for requesting time off under the FMLA, exercising rights under it, or making a claim.

Is Extra FMLA Leave an ADA Accommodation?

By Steve Jones, JD, Jack Nelson Jones & Bryant, P.A The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation […]

Ask the Expert: FMLA Abuse by Employee with Chronically Ill Wife?

We have an employee whose wife has a serious, chronic health condition. He has approved intermittent FMLA. We are suspicious of FMLA abuse–that he is taking advantage of it and uses his wife as an excuse for all of his absences, which are frequent. Can we ask for a doctor’s note each time he has […]

Survey Reveals Employer Trends Regarding Leave Management

The landscape of employer leave management continues to undergo change and is increasingly complex. However, results of the fifth annual DMEC Employer Leave Management Survey show that employers of all sizes are mastering compliance and other challenges posed by new leave laws and reinterpretations of regulations.

Unexcused Absences Still a Valid Reason for Termination

By John S. Gannon, JD, Skoler, Abbott & Presser, P.C As employment litigation becomes more and more prevalent, employers are left wondering whether it’s ever safe to fire employees who violate company policy. Courts and administrative agencies have ruled against employers that have fired employees for improprieties such as shouting obscenities in the workplace or […]