Results for "FMLA"

Can You Win An FMLA Claim If Your Leave Request Is Made After You Quit?

Timing can make or break your rights under the Family and Medical Leave Act (“FMLA“). Imagine this: you’re juggling health issues, work stress, and the pressure to leave a toxic job, and then you file for FMLA—after you’ve resigned. Unfortunately, that’s not enough to...

Can I Be Fired During FMLA Leave For A Reduction In Force?

You are on FMLA leave, recovering from surgery or caring for a loved one, and then the unexpected happens—your employer tells you your job has been eliminated due to a reduction in force (RIF). Is this legal? The answer depends on whether the RIF is legitimate or just...

A worker consulting with a doctor about FMLA leave and ADA accommodations.

Medical Leave: Can I Get More Under ADA After FMLA Expires?

As employee’s rights attorneys are fond of saying, it depends. When your leave under the Family and Medical Leave Act (“FMLA”) ends but your health still prevents you from returning to work, you might qualify for additional protections under Americans with...

Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights

Ever feel like navigating your job can be confusing, especially if you have a disability? If you think you’re being treated unfairly at work, you’re not alone. The recent case of Huber v. Westar Foods, Inc., No. 23-1087, 2024 WL 3244337 (8th Cir. July 1, 2024), sheds...

When Do I Have To Notify My Job Of My FMLA Request?

The recent case of Sinico v. Commonwealth of Pennsylvania, 2024 WL 510521 (3rd Cir. Feb 9, 2024), provides a good example of employees needing to understand how to navigate and timely make requests for medical leave under the Family and Medical Leave Act (“FMLA“)....

Can Employers Require Medical Documentation for Each FMLA Absence?

Navigating Disability Accommodation and Leave In the vast labyrinth of employment law, there are moments when even the most seasoned employees find themselves lost, desperately searching for answers to questions that seem like they’ve been pulled from a legal version...

When FMLA Ends, Employees Must Report Or Extend

In the intricate world of employment law, the Family and Medical Leave Act (“FMLA”) stands as a vital pillar, offering a lifeline to employees facing health challenges or family obligations. The recent case of Boston v. TrialCard, Inc. out of the United States Court...

Yes, You Can Be Fired For Fraudulently Taking FMLA Leave

Employees who lie about a medical condition to take protected leave under the Family and Medical Leave Act (“FMLA”) can be fired for dishonesty. Moreover, even if an employer legitimately believes that the employee committed fraud to get FMLA leave, a claim for FMLA...