An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers understand their obligation to engage in an interactive process to determine a reasonable accommodation that will assist
leave
Taking FMLA leave does not affect employee’s obligations under non-FMLA attendance policies.
By Maria Danaher on
Posted in FMLA, Termination
Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s policies regarding absences, even if those absences occur during a protected FMLA leave. A…
Supervisor’s ill-considered e-mail forms the basis of an FMLA lawsuit.
By Maria Danaher on
Posted in FMLA
The Family and Medical Leave Act (FMLA) prohibits employers from interfering with an employee’s right to take leave for which that employee is eligible under the Act. Recently, the 7th U.S. Circuit Court of Appeals overturned the dismissal of an employee’s FMLA lawsuit, and sent the case back to the lower court for further proceedings.
USERRA coverage may be triggered prior to formal military orders.
By Maria Danaher on
Posted in military leave, USERRA
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was enacted to encourage non-career military service and to prevent discrimination against military service members. An employer may not discriminate against any person because such person has “taken an action to enforce a protection” afforded under USERRA. Generally, protection begins when an employee is called…