When in doubt, offer conditional FMLA leave, and confirm with the statute’s medical certification process.
An employer’s discouragement of an employee taking FMLA leave can violate the act, even if the discouragement is ineffective.
Depending on a specific law, managers and supervisors may have liability for their own acts of discrimination or other unlawful activities.Read More
As proposed, the meaning of 'spouse' under the FMLA would depend on the law of state in which the marriage was celebrated, not the law of the state where the employee lives or works.Read More
Courts will hold you to your word if you mis-represent FMLA eligibility to an otherwise ineligible employee.Read More
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
An employer’s notice of an employee’s medical condition or disability can be direct evidence of FMLA violations or disability discrimination.
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