Tag: leave policy

Determining FMLA Eligibility for Temporary Workers

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the third area of the three-prong test used to determine FMLA eligibility, the minimum worksite requirement. However, how do you handle FMLA eligibility for temporary workers? Let’s have a look.

Accommodating Pregnant Employees

By BLR Senior Legal Editor Susan Schoenfeld, JD The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).

Ask the Expert: Can We Deny Reinstatement to Key Employee?

We have an employee who is nearing the end of her 12 weeks of FMLA. The employee is by definition a key employee. At the time she went on leave, the workplace wasn’t experiencing any changes or growth or the need to replace the position. Therefore, we did not communicate to her that there was […]

Did Railroad Employee’s FMLA Claim Have Steam?

By Laurie Jirak, The Murray Law Group, P.C. The U.S. District Court for the District of Minnesota recently had to decide whether a railroad’s decision to terminate just one employee in a reduction in force was an unlawful retaliation against the employee for exercising his Family and Medical Leave Act (FMLA) rights.

Wine Before 9 Sends Employee to the Unemployment Line

By Martin J. Regimbal, The Kullman Firm Be careful if you take an adverse action against an employee who is using or has recently used FMLA leave. Claims of retaliation based on an employee’s protected leave are common under the FMLA. You must use the same care when you terminate someone who has exercised his […]