Category Archives: Family & Medical Leave Act (FMLA)

DON’T START THE ADA INTERACTIVE PROCESS UNLESS YOU’RE GOING TO FINISH IT!

In Spurling v. C&M Fine Pack, Inc, 2014 U.S. App. LEXIS 660, the Seventh Circuit (which covers Illinois, Indiana, and Wisconsin) reversed, in part, a district court’s entry of summary judgment in favor of an employer in a FMLA discrimination and ADA failure to accommodate suit. 

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POOR PERFORMANCE PREVIOUSLY UNKNOWN BUT DISCOVERED DURING FMLA LEAVE MAY LAWFULLY SUPPORT EMPLOYEE’S TERMINATION

Employers often face the issue of whether or not they can discipline an employee who is already on some kind of medical leave.  Despite how common that situation may be, many employers think they are unable to take action in that situation.  While the exact answer is always going to be resolved on a case-by-case basis, employers aren’t always as hamstrung as they may feel. 

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CALL ME MAYBE: EMPLOYEES RECEIVING LEAVE UNDER THE FMLA MUST FOLLOW EMPLOYER’S CALL-OFF POLICY

An available, but frequently underutilized, tool for employers combating employee absenteeism – including Family and Medical Leave Act (FMLA) abuse – is the call-off (call-in) policy.  These policies, in whatever their precise form, typically require employees to report off work by a certain time prior to the start of their shift, and/or report to a specific person in a specific manner. 

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OHIO COURT FINDS FMLA IS SUBJECT TO ARBITRATION AGREEMENT IN MORGAN v. UNITED HEALTHCARE SERVICES, INC.

Just because your employees have agreed to settle any disputes through arbitration rather than a lawsuit doesn’t mean that they actually will.  Despite clear arbitration agreements, employees sometimes try to get their day in court, subjecting the employer to lengthy and expensive litigation.  Generally, the argument for avoiding the arbitration agreement goes something like this:  “I know that I agreed to arbitration, but this claim is not subject to my agreement.”  A federal district court in Ohio recently shot this argument down, holding that the plaintiff-employee was bound to her arbitration agreement.  Furthermore, the fact that the employee alleged a violation of the Family and Medical Leave Act (FMLA) did not matter.  The court held that FMLA claims are arbitrable.

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RESTRICTIONS BEYOND THOSE CONTEMPLATED UNDER THE FMLA

If you are an employer subject to the Family and Medical Leave Act (“FMLA”), then take a couple of minutes to keep reading.  In Curry v. Goodwill Industries of Kentucky, Inc., a federal court in the Western District of Kentucky recently addressed, among other things, the extent to which an employer can effectively implement company policies that restrict an employee’s FMLA rights beyond what the Act expressly allows.  For those of you who like a really short answer, here it is: You can’t do it.

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BE CAREFUL WHAT YOU BARGAIN FOR:FMLA RIGHTS MAY BE ALTERED BY COLLECTIVE BARGAINING AGREEMENT

Recently, the United States District Court for the Northern District of Ohio took up the issue of whether the period for calculating eligibility for leave pursuant to the Family Medical Leave Act could be modified by contract or a collective bargaining agreement in Valentino v. Wickliffe City School District Board of Education, et al. 

 

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BE CAREFUL WHAT YOU BARGAIN FOR : FMLA RIGHTS MAY BE ALTERED BY CBA

          Recently, the United States District Court for the Northern District of Ohio took up the issue of whether the period for calculating eligibility for leave pursuant to the Family Medical Leave Act could be modified by contract or a collective bargaining agreement in Valentino v. Wickliffe City School District Board of Education, et al. 

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FMLA – A FEW TIPS TO AVOID POTENTIAL PITFALLS

It is hard to believe that it has been almost 20 years since the Family and Medical Leave Act (FMLA) was originally enacted in 1993.  It would be easy to think that after 20 years, all of the kinks would be worked out and that it would be a piece of cake to administer, but unfortunately that has not turned out to be the case.  Issues surrounding administration of the FMLA continue to be one of the biggest challenges HR departments face today.

 

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