Tag: Medical Leave

FMLA

Wayfair PFML Verdict: Five Lessons Every HR Professional Should Take Seriously

Recently, a Massachusetts superior court jury awarded $4.75 million to an employee in a case against her former employer, Wayfair. The verdict has become one of the most significant employment law developments for Massachusetts employers since the Paid Family and Medical Leave (PFML) law took effect in 2021. The substantial verdict under PFML’s antiretaliation provision […]

Facebook Messenger for FMLA Leave Requests? Maybe

Even with absences covered by the Family and Medical Leave Act (FMLA), an employer is entitled to put policies in place describing how employees must notify the employer about their health-related absences. As the means of communicating with supervisors have changed and increased over time, whether an employee has given adequate notice of their absence […]

ADA

7th Circuit Reins in Medical Leave as ADA Accommodation

Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability.  How much leave is required?  Is it ever okay to terminate an employee who requests leave?  In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]

I Need to UNdesignate Some FMLA Leave; Is That OK?

What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]

Best Defense Against Leave Fraud? Continuous Performance

Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]