Category Archives: sick leave

Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s…

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Going Fishing ‘Under Doctor’s Orders’ While on FMLA Leave Gets State Official Fired

A state government official has stepped down after the Better Government Association and news outlets began investigating a long pattern of Family and Medical Leave Act absences that, they said, smelled fishy. Namely, the Illinois Department of Natural Resources deputy…

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Employer’s Injured-player Analogy Backfires in ADA Suit

A university’s likening of a disabled professor to a baseball player with a career-ending injury did not persuade a judge to dismiss the professor’s disability discrimination allegations. On the contrary, it showed that the employer may have fired the professor…

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$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania…

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FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled…

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Employers Wise to Limit Job-related Calls to Employees on FMLA Leave

Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave…

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Employer’s FMLA Notice Requirements Leave Little Room for Guesswork

While HR professionals may sometimes struggle with the murky areas of employment law, in a leave of absence situation, there should be no mistaking some of the more immediate obligations under the Family and Medical Leave Act. Within five business…

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Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use…

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Protecting Pregnant Worker Job Rights Requires Employer Vigilance

True or False: An employer is free to fire a pregnant employee once she has exhausted all her leave under the Family and Medical Leave Act. The most accurate answer: It depends. The FMLA requires covered employers to provide up…

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Mandatory Flu Shot Policies Inject a Healthy Dose of Controversy Into the Workplace

This year’s worse than average flu season has some employers wondering what they can do to help keep workers healthy. Just one flu-infected worker, after all, can infect the entire workplace and bring productivity to a grinding halt. Employers have,…

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