Posts Tagged ‘FMLA’
Court OK’s termination of diabetic employee for misconduct
A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar. Diabetic employee and performance issues Janna DeWitt worked as a customer service representative in a call center for Southwestern Bell Telephone Company. She…
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Employee fired while on FMLA leave: Why it was OK
Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are circumstances when an employer should terminate the employee while on leave and can win a lawsuit brought by the…
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EEOC issues new guidance on leave of absence and ADA accommodations
On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This document does not create any new EEOC agency policy or propose any new law; rather, it consolidates current guidance on the ADA, employer…
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Firing someone returning from leave
Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s performance issues. So how should an employer handle disciplining someone who is returning from protected leave when the…
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Combatting FMLA Abuse
The Family and Medical Leave Act provides laudable protections to employees and their families. But FMLA leave is sometimes abused. That abuse drives up costs for employers and creates red tape and administrative hassles for HR managers. Fortunately, the Tenth Circuit Court of Appeals (which handles Oklahoma cases) recently provided reassurances and lessons to employers…
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Retaliation claims can sink an employer
Retaliation claims of any variety are potentially explosive for employers. Nothing angers jurors, courts or governmental agencies like an employee’s accusation they were fired in retaliation for exercising their rights or “doing the right thing.” Ultimately, a jury, court or agency must decide: “What was the employer’s true reason for firing the employee?” A case…
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Timing of termination creates question of fact in association discrimination case
In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012, he filed suit for “association discrimination” under the Americans with Disabilities Act (ADA) and a retaliation claim under the Family and Medical…
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WEBINAR » When leave laws collide: Tackling complex health plan coverage issues
Leave issues present some of the most challenging issues for employers. Just when you think you’ve got a grip on how the FMLA, ADA and state workers’ comp laws intersect from an employment law standpoint, complex health plan coverage issues come in to play to throw you another curve ball. And if your strike out on these issues, the penalties could be very costly.
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EMPLOYMENT LAW ALERT » More FMLA rights for same‑sex couples
Under a new rule published yesterday by the Department of Labor (DOL), beginning March 27, 2015, same-sex couples will enjoy expanded Family and Medical Leave Act (FMLA) rights. The FMLA provides eligible employees with job-protected leave for a number of family and health-related situations, including: To care for a spouse suffering from a serious health…
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Rules differ regarding second opinions on fitness-for-duty certifications
Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the need for reasonable accommodations under the Americans with Disabilities Act (ADA). The availability of a second opinion on a fitness-for-duty certification depends on which…
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