Total Articles: 12
Employee Who Abused FMLA Leave Around the Holidays Properly Terminated
Employers often complain that they see an uptick in the use of sick leave and FMLA leave around the holidays. In the case of Southwest Airlines, however, one employee clearly took FMLA misuse a bit too far.
Plaintiff must demonstrate prejudice in order to be entitled to relief under the FMLA.
The 8th U.S. Circuit Court of Appeals has upheld an employee’s termination for job abandonment, in spite of the fact that the employee argued that he was on FMLA leave at the time of his termination. The court based that holding on the fact that the employee was unable to return to work at the conclusion of his medical leave, and that he therefore was unable to show that his termination prejudiced his rights under the FMLA.
Ninth Circuit Finds Employer Has Burden of Proof When Denying Reinstatement After FMLA Leave
In a case of first impression on a claim that an employer interfered with an individual's exercise of her rights under the Family and Medical Leave Act (FMLA), the Ninth Circuit Court of Appeals recently held that the employer bears the burden of proving it had a legitimate reason for not reinstating the employee to her former position following FMLA leave. The court further held that the employee is not required to demonstrate that her employer lacked a reasonable basis for its refusal to reinstate her. Sanders v. City of Newport (9th Cir. March 17, 2011).
Employers Must Prove Reasons for Denying Reinstatement after FMLA Leave, Ninth Circuit Rules
In a case of first impression on a claim that an employer interfered with an individual’s exercise of her rights under the Family and Medical Leave Act, the federal appeals court in San Francisco held that the employer has the burden of proving it had a legitimate reason for not reinstating an employee to her former position following FMLA leave, and that the employee need not demonstrate her employer lacked a reasonable basis for its refusal.
FMLA FAQ - Can We Require an Employee to See Our Doctor Before Returning to Work?
We have an employee returning from FMLA leave due to his own serious health condition. Although the employee has provided a doctor's note stating that he is released to work "full duty," we have serious concerns about his ability to do his job without risk of injury to himself or others. Can we require him to see a doctor selected by the company?
EEOC Cracks Down On Automatic Termination Policies Following Medical Leave.
As some employers are learning the hard way, the U.S. Equal Employment Opportunity Commission (EEOC) is taking a tough stance against inflexible leave of absence policies that call for automatic termination of employment when an employee cannot return to work upon expiration of the employer’s “maximum” medical leave period. These policies are often referred to as “no fault” or “automatic” termination policies. For years, many employers believed these policies were nondiscriminatory because they applied neutrally to all employees on medical leave. The EEOC, however, disagrees and is aggressively taking the position that these policies violate the Americans with Disabilities Act’s (ADA) requirement that requests for medical leave, including extended leave, be assessed individually on a case-by-case basis.
Evidence of Misconduct Discovered During FMLA Leave May Support Employee Termination.
An employee who takes leave under the Family and Medical Leave Act (FMLA) is entitled - in most instances - to be reinstated to his or her former position, with equivalent pay and benefits, upon expiration of that leave. However, an employee is not entitled to a position or other benefit of employment to which he would not otherwise be entitled simply because he is on FMLA leave. It is on that basis that the 7th U.S. Circuit Court of Appeals upheld the termination of a company’s Vice President of Information Technology, even though the termination occurred while that individual was on an FMLA leave.
An Employee Who is Unable to Return to Work After 12 Weeks of FMLA Leave No Longer Has the Protections of That Act.
The Family and Medical Leave Act (FMLA) generally provides 12 weeks of unpaid leave during a 12-month period to an eligible employee suffering from a serious health condition. An employee who takes FMLA leave is entitled to be restored to the job he or she held at the time the leave commenced, or to an equivalent position. If, however, the employee is unable to return to work at the end of that 12-week period, he or she is no longer protected by the FMLA.
FMLA Compliance Review.
At the end of an FMLA leave, an employer must usually take an employee back into the same or an equivalent job. The same rules apply under the California Family Rights Act (“CFRA”). Below is a review of the employer’s obligations.
"De Minimus" changed to job description did not violate the FMLA (pdf).
Employees job post maternity leave was equivalent to former position.
Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave (pdf).
Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave.
Collective Bargaining Agreement's Return to Work Requirements Can be More Demanding than the FMLA's.
The Seventh U.S. Circuit Court of Appeals has held that the terms of a collective bargaining agreement (CBA) can impose more burdensome return to work requirements on employees returning to work after a medical leave of absence than what is specifically required by the Family and Medical Leave Act (FMLA).
