Our laws recognize that people should be able to both earn a living while taking care of medical needs that arise in their families. Likewise, families should not have to give up their careers for childbirth or adoption. We have stood strong for the rights of employees for more than 60 years. Our employment law attorney is a tough advocate dedicated to fighting injustice.
How long after the employee returns must the employer wait before taking an adverse action against that employee? Court of Appeals for the Fourth Circuit recently provided guidance to employers who frequently face these questions in the context of FMLA administration.
Sotera Defense Solutions, Inc. Less than six weeks later, Sotera laid off Waag in a workforce reduction. Waag filed suit claiming FMLA interference and retaliation.
Plaintiff Waag took a two-month medical leave to recuperate from a severe head injury. Upon his return, Waag was assigned to a new position in a different division, albeit with the same salary, benefits, and terms and conditions of employment.
Six weeks after Waag returned to work, a drastic drop in work and revenue caused Sotera to begin a series of reductions in force, and Waag was included in the first round of layoffs.
This decision provides important guidance for employers reintegrating employees returning from FMLA leave.
Employers should be aware that courts in other jurisdictions may more closely scrutinize the temporal proximity and rely upon it in assessing pretext.
In these instances, however, it is particularly important that an employer can point to documentary evidence of the legitimate, non-discriminatory reasons supporting the termination decision.
As a best practice, employers should contemporaneously document and clearly communicate their reasons for taking such adverse actions.
Finally, while the subject was not raised in this case, employers should always be cognizant of their obligations under the Americans with Disabilities Act ADAespecially after an employee has exhausted FMLA leave. In matters involving the interplay of the FMLA and ADA, employers are advised to consult with counsel to determine the proper course of action.The Family and Medical Leave Act (FMLA) Advisor was developed by the U.S.
Department of Labor's Wage and Hour Division to help employees and employers understand their rights and responsibilities under the FMLA. The FMLA Advisor can help identify which employers are covered by the law, which employees are eligible for .
Eligibility and entitlements for paid sick leave, calculating pro-rated sick leave and sick leave in different situations. If you are covered by the Employment Act, you are entitled to paid sick leave if you have worked for your employer for at least 3 months.
Medical reimbursements and salary during sick leave.
Find out your. The Family and Medical Leave Act (FMLA) became effective in The law's stated purpose is to help employees balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons, and to promote equal employment opportunity for men and women.
Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.
The Family Medical Leave Act is an important tool for all employees to use when they need it, and no employer can lawfully retaliate, fire, demote, or reduce the benefits of an employee who invokes this right. Under the Family and Medical Leave Act of (FMLA), most Federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any month period for the following purposes: the birth of a son or daughter of the employee and the care of such son or daughter;.