FMLA Law News Update December 2017

By | December 13, 2017

Timing Is Everything: FMLA Claim Survives Summary Judgment …
The National Law Review-Nov 21, 2017
Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified by Jennings v. Univ. of N.C., N.C. Ct. App., Case No. COA16-1031 (July 5, 2017), …

Reassignment can be post-FMLA accommodation
Business Management Daily-Dec 11, 2017
When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both. The worker may prefer another accommodation, but it’s the employer’s choice. Recent case: Gary …

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused …
Lexology-Dec 8, 2017
Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. Over the course of about one year: 1. She is certified for FMLA leave for her cancer and asthma;. 2. She incurs a total of 13 intermittent absences in a 12-month period;. 3. A handful of these absences relate to her …

What Am I Doing Wrong?? Common FMLA Mistakes: Not Properly …
The National Law Review-Nov 15, 2017
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Not properly considering when a …

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