FMLA, Termination and the ADA

Two of my favorite attorneys have produced articles about working with employees who are on FMLA leave. They both point out that FMLA decisions can be difficult ones and often the wrong decision can cost a company financially. Can you fire? The question that Daniel Schwartz asked in his post was “If an employee doesn’t …

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Ok, You Delivered the News, Now Shut Up.

Jeff Nowak of FMLA Insights wrote about a FMLA case that you have to read to believe. It is the case of a woman who was taking FMLA for her personal health condition. Simple enough, but the company just made things worse by saying things they should not have. One of the points was that …

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Good Advice on Handling FMLA

I spent some time reading this weekend and came acroee some great advice in how to handle a difficult FMLA situation. The author, Jeff Nowack, wrote an excellent post on how to handle discipline in conjunction with FMLA. Three key elements to in his advice are: How egregious is the behavior you are conducting the …

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Can You Terminate Someone the Day They Return From FMLA?

I have been asked several times “Can you fire someone the day they return from FMLA?” Naturally, my answer is “It all depends.” To illustrate let’s consider the case of Winterhalter v. Dykhuis Farms, Inc. Briefly, Winterhalter was a supervisor working for the pig farm of Dykhuis Farms, Inc. He was in charge of a …

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