I am pleased to share with you an article I recently wrote for Employee Benefit News on leaves of absence policies. To learn more about avoiding mistakes in administering your organization’s leaves of absence policy, join us for our October 2, 2014 Webinar: Top 10 Leave of Absence Policy Mistakes.
Employers are well aware of the increased risk of implementing an adverse action (e.g., suspension, termination of employment) in the face of an employee’s claim for FMLA leave. Defending against such claims depends upon being able to demonstrate the legitimate, nondiscriminatory basis for the adverse action. At times, however, the close proximity of the adverse action to the employee’s FMLA request is difficult to overcome.
FMLA leave or an employee’s family vacation? Sometimes it is tough for an employer to tell.
On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued updates to four informal “Question and Answer” guidance documents relating to protections against disability discrimination under the Americans with Disabilities Act (ADA).