Category: Family and Medical Leave Act (FMLA)

Rights Provided by Employee Handbook, Quirky Question # 54

Rights Provided by Employee Handbook, Quirky Question # 54

Quirky Question # 54: We have an employee who has missed a fair amount of work due to various surgeries.  As set forth in our handbook, we offer FMLA leave for employees who have worked 1250 hours in the preceding 12 months.  When we were informed that our employee would need to miss additional time due to some follow-up surgeries,...

Faking Illness to Avoid Shift, Quirky Question # 47

Faking Illness to Avoid Shift, Quirky Question # 47

Quirky Question # 47: Our company uses rotating shifts, one of which starts at 11:00 p.m. and continues through 7:00 a.m.  Every employee is asked to work that shift, one day, every other week.  Every time a particular employee is asked to work that shift, she takes a day of FMLA leave, claiming that she has migraine headaches.  She jokes...

Working Another Job While Taking “Leave,” Quirky Question # 40

Working Another Job While Taking “Leave,” Quirky Question # 40

Quirky Question # 40: We have an employee who is claiming she has a serious health condition as a result of work-related stress and has given us a note from a nurse practitioner saying she should be off work for a month.  We don’t believe she has a serious medical condition, in part because we’ve heard that she is working...

Employer Notice of Mental Disability, Quirky Question # 10

Employer Notice of Mental Disability, Quirky Question # 10

Quirky Question # 10: Not long ago, a stray dog wandered into our warehouse.  It did not hurt anyone but it apparently frightened one of our employees.  In the days and weeks after the incident, our employee began behaving more and more bizarrely.  She yelled at her supervisors and co-employees.  In a conversation with our company’s President, she began yelling...

FMLA Leave, Quirky Question # 7

FMLA Leave, Quirky Question # 7

Quirky Question # 7: Several years ago we employed an individual at our auto dealership.  He resigned voluntarily.  About eight months ago, we rehired him.  During the course of the last eight months, he has worked more than 1250 hours.  He recently injured his back at home and has missed 13 days of work.  Because we cannot afford to have...