Although the timetable allowing businesses to reopen is different in every state, most businesses are starting to plan for the inevitable day when employees will be allowed to return to the workplace and resume business operations at least in some form. In Iowa, the Governor’s April 27 proclamation loosened restrictions in 77 Iowa counties. Although
FMLA
Preparing for the Effective Date of the FFCRA: Ten Common Questions with Hard-to-Find Answers
Lawyers and law firms have done a great job providing information and analysis about the Families First Coronavirus Relief Act (FFCRA). I’m especially proud of our team at Fredrikson & Byron for their heroic efforts putting together the firm’s Coronavirus Resource Center. Despite the flood of information, however, many practical questions about day-to-day compliance…
Employers Don’t Have to be Perfect: A Termination Based Upon Mistaken Facts is Not Evidence of Discrimination
“Mistakes happen. Including in the context of employment decisions. But not every mistake amounts to actionable employment discrimination.” Smith v. Towne Properties Management Co., Inc. (6th Cir. 3-4-2020).
So stated the Sixth Circuit in affirming the grant of summary judgment to the employer in a FMLA and disability discrimination lawsuit. The plaintiff, Robyn…
Eighth Circuit Rules No Retaliation Even Though Hospital Employee Terminated Close in Time to FMLA Usage
Sometimes employers become conditioned to believing that an employee who has recently used FMLA leave is effectively immune from discipline or discharge. It is no doubt true this employee presents a heightened litigation risk, but when the adverse action is handled properly the employer can mitigate that risk or at least make the potential claim…
What is the Department of Labor Trying to Accomplish with Its Recent Opinion Letter on FMLA Leave?
On March 14, the Department of Labor issued an opinion letter to answer the following two questions about FMLA leave: 1) may an employer delay designating leave as FMLA covered, even if the leave is for a FMLA qualifying reason, to allow the employee to exhaust paid leave first; 2) may an employer expand an…
Eighth Circuit Case Provides Guidance on How to Handle the Vexing Problem of Extended Medical Leave as a Reasonable Accommodation
How much extra leave is reasonable for an employee who has exhausted FMLA but is not yet capable of returning to work? Does an employer have to keep the absent employee’s job open? What medical evidence is needed? How much interactive dialogue is enough? What about an employee is who is unreasonable and/or demanding?
A recent opinion from the Eighth Circuit provides helpful guidance about these and other problems employers face when deciding whether extended medical leave is a reasonable accommodation for an employee with a serious medical condition who is not yet capable of returning to work. See Brunckhorst v. City of Oak Park Heights, (8th Cir. 2/4/2019).Continue Reading Eighth Circuit Case Provides Guidance on How to Handle the Vexing Problem of Extended Medical Leave as a Reasonable Accommodation
Honest Belief About Employee’s FMLA Abuse Enough to Defeat Retaliation Claim
Employee abuse of intermittent FMLA leave is a common employer complaint. An example of intermittent leave is when an employee occasionally has to take off work because of an ongoing or chronic medical condition. What happens if the employer suspects the employee uses FMLA covered leave to miss work for non-covered reasons, but does not…
Is Time Off Work A Reasonable Accommodation?
Most of us think about workplace accommodations as modifications that will allow an employee with a disability to perform his job. Without the accommodation, doing the job may be difficult or impossible. Whether that means modifying the job duties, changing the schedule, or providing an assistive device, the ultimate objective is to help the employee…
Court Finds FMLA Interference Even Though Employee Was Not Qualified to Return to Former Job Because of Her Medical Condition
FMLA provides a qualifying employee up twelve weeks of job protected leave. That means the employee is entitled to return to the same position held before the leave, or to an “equivalent position” with equivalent pay, benefits, and other terms and conditions. FMLA does not require an employer to restore employment if the employee is …
Court Applies “Cat’s Paw” Theory to Liquidated Damages under FMLA
Under the FMLA, liquidated damages are a form of “extra” damage a court may award over and above other damages an employee is awarded. The employer can avoid liquidated damages, however, if it proves the FMLA violation was in good faith, that is, the employer reasonably believed its action did not violate the FMLA.