Employers are not required to provide Miranda-like warnings of discipline if FMLA protections are not requested
In Knox v. City of Monroe, No. 07-606, 2009 U.S. Dist. LEXIS 1014, at *18 (W.D. La. Jan. 8, 2009), the court rejected the employee’s FMLA interference claims based on supervisor’s alleged failure to warn her that she could be fired for excessive absenteeism if she did not protect herself by requesting FMLA leave. The supervisor warned Knox that she could be disciplined if she continued to incur excessive absences. He also offered Knox FMLA leave, which she specifically declined. The court opined that the supervisor “had no duty under the FMLA to threaten Knox with discharge, so that she could preemptively claim FMLA protection.”

New FMLA Regulations « Listen Up!
Employees who take intermittent FMLA leave for planned medical treatment have a statutory obligation to make a “reasonable effort” to schedule such leave so as not to disrupt unduly the employer’s operations.
If an employee voluntarily performs “light duty” work, time spent doing such work will not count against an employee’s FMLA entitlement, and the employee’s right to job restoration is held in abeyance during the light duty period.

Girls Just Wanna Have Funds-Personal Finance For Women
I’m wondering if you can lend me your thoughts on my situation. My boyfriend and I are expecting our second child in March 2009 and I will be going on maternity leave towards the end of February. Of course amidst all the gloomy talk around the recession I’m concerned about my job and whether or not it will be here when I get back in May. Needless to say we are a two income household and I need to have a job, especially with little one showing up in a matter of weeks. We saved so that I would be able to be off for 8 weeks and be comfortable in that time but I am concerned whether or not I can be laid off before returning from maternity leave. What are your thoughts and what recourse do I have should this happen?

» Disability and Family Leave Human Resource Blog
Can an employee get 6 weeks maternity disability then take paid vacation then 12 weeks of FMLA?
Yes, the 6 weeks of disability after childbirth normally counts as a portion of the 12 weeks of FMLA. Under federal law, most employees are entitled to 12 weeks of unpaid, job-protected leave under FMLA, the Family and Medical Leave Act. Normally an absence over 3 to 5 days counts as FMLA. The employer can count paid sick leave or medical disability (or even workers comp leave) as FMLA, as long as the employee is notified at the beginning of leave, in writing, that it is FMLA.

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