Three Monday morning HR lessons: Learning from the bad judgment of others

Most of us have probably seen the quote “Good judgment comes from experience, and experience comes from bad judgment”, a quote attributed to numerous people. The important thing to realize is that it does not always have to be your bad judgment that you learn from, you can learn from the bad judgment of others. …

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FMLA, Termination and the ADA: From the Archive

I am helping a client deal with a FMLA situation. It is causing them a great deal of heartburn, which reminded me how difficult dealing with the Family and Medical Leave Act is. Thus I wanted to republish this post from earlier this year to perhaps answer some questions. Thanks to Jeff Nowak for being …

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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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FMLA Leave Expanded by Federal Court Decision

The definition of when an employee is protected by FMLA was recently expanded by a decision of the Eleventh Circuit Court of Appeals. According to attorneys Jeff Nowak and Eric B. Meyer the decision on Pereda v. Brookdale Senior Living Communities, Inc. altered how a request for FMLA leave must be considered. According to Eric “…in …

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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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