An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.Read More
Employee safety should always be the company's highest priority, and employers should follow CDC guidance and avoid knee-jerk reactions, no matter how provocative an employee's activities may be.
An employer’s notice of an employee’s medical condition or disability can be direct evidence of FMLA violations or disability discrimination.Read More
Employers should consider mailing all legally mandated letters via a method requiring acknowledgment of receipt to avoid disputes, such as certified mail.Read More
Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.Read More
An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.Read More
FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.Read More
Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.Read More
Employers cannot request recertification of approved FMLA leave of absence each time the employee requests such an absence.Read More
More companies are offering paid parental leave for their employees, and a bill in Congress could extend that benefit to all workers in the United States.