Sham Investigation Costs Chemical Company

By | February 3rd, 2014 | General » Leave a comment

Generally, when an employer decides to fire someone based on the facts then known, the employer won’t be liable – even if later turns out that the facts were wrong. That being said, an employer cannot intentionally ignore contradictory information to justify a termination. Well, technically they could, but as Solvay Chemicals, Inc., (Solvay) recently […]

New FMLA Regulations to Mark FMLA’s 20th Anniversary

By | February 7th, 2013 | General » Leave a comment

The Family and Medical Leave act has turned 20! To celebrate this milestone, the Department of Labor has issued new regulations. Okay maybe the release of the new regulations isn’t necessarily connected to the anniversary of the act . . . ! But the point is, employers, you have some new rules! These new rules […]

Indefinite and/or Extensive Leaves of Absence not Required by the ADA

By | September 4th, 2012 | General » Leave a comment

In a recent case, Robert v. Board of County Commissioners of Brown County, Kansas, the Tenth Circuit Court of Appeals addressed the issue of what an employer can and cannot do when an employee’s FMLA leave has expired but the employee is medically unable to return to work. In this case, Ms. Robert was an […]

Insubordinate Employee Denied Relief under FMLA Theory

By | April 12th, 2012 | General » Leave a comment

Last week the Tenth Circuit Court of Appeals decided a case, Sabourin v. University of Utah, that addressed the sticky situations of making demands of an employee on FMLA leave and then firing the employee for failing to meet the demands. In this case, Mr. Sabourin requested FMLA leave after being selected for a reduction […]

Employer Avoids Liability for Termination of Employee on FMLA Leave

By | October 14th, 2011 | General » Leave a comment

In a recent case published by the Tenth Circuit, the Court of Appeals reviewed a Kansas company’s termination of an employee on FMLA leave. The employee applied for FMLA leave for a bunion surgery and supported her leave request with a doctor’s certification. The certification did not specify how long the employee would be unable […]

Department of Labor Clarifies who can take FMLA Leave Related to “Son or Daughter”

By | June 22nd, 2010 | General » Leave a comment

The Department of Labor today issued an administrator’s interpretation, attempting to define just who is a “son or daughter” of an employee seeking to take FMLA-protected leave. The Family Medical Leave Act (FMLA) requires an employer to provide up to 12 weeks of job-protected leave for an employee needing leave “[b]ecause of the birth [or […]

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