Articles Posted in Family and Medical Leave

The Family and Medical Leave Act affords eligible employees up to 12 weeks of unpaid leave during any 12-month period because of a serious health condition that makes the employee unable to perform his/her job.

Let’s say that you have an employee who requests FMLA for a medical procedure that will keep him laid up for a while. But, you’re suspicious. So, you hire a PI to follow the employee and record his every movement. You view the videotape and see that the employee is walking, driving, and even shopping. What the hell?!? Naturally, you think the employee is scamming the company so you fire him.

Legal? Or FMLA interference? Find out after the jump…

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Last week, Rep. Lynn Woolsey (D-CA) reintroduced the Domestic Violence Leave Act, which expands paid leave options for victims of domestic abuse, sexual assault, or stalking. Details on the pending legislation and what it would mean for employers if it passes after the jump…

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Worst. Pun. Ever.

In some states, employees who become victims of domestic violence, or whose family members are victims of domestic violence, are entitled to take a short unpaid leave from work. In one state, companies need to be aware of possible legislation that would require them to afford time off to employees whose pets are victims of violence or threats of violence.

Find out which state — you have a 1 in 50 chance — after the jump…

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In yesterday’s post at The Employer Handbook, I discussed a recent federal-court decision to demonstrate why it is crucial for employers to document workplace performance and misconduct.

Today, after the jump, I have another federal-court decision — one in which an employer’s failure to properly paper an employee’s leave under the Family and Medical Leave Act, translates into big-time headaches.

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The Family and Medical Leave Act (FMLA), a federal law, entitles eligible employees of covered employers to take up to twelve workweeks of unpaid, job-protected leave in a 12-month period for:

• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• to care for the employee’s spouse, child, or parent who has a serious health condition; and
• a serious health condition that makes the employee unable to perform the essential functions of his or her job.

Earlier this month, Senator John Tester (MT-D) introduced a bill that would amend the FMLA to provide leave because of the death of a son or daughter.

Details on this bill and what it would mean for employers after the jump…

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The Family and Medical Leave Act (FMLA) affords eligible employees up to 12 workweeks of leave during any 12-month period for, among other things, a serious health condition that renders the employee unable to work. A company that fires an employee in the middle of approved FMLA leave has engaged in what the law deems “FMLA interference.”

However, there are some ways around the FMLA-interference claim. If the employer can show that it would have fired the same employee had the employee never taken leave, then the employer has a viable defense. Similarly, if the evidence shows that the employer did not prejudice the employee when it fired him, then the employee cannot prevail on his FMLA-interference claim.

Let that sink in for a second. Employer fires employee and employee suffers no prejudice?!? I’ll explain after the jump…

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