Unintended FMLA Retaliation?

Author- Casey Sipe

The Family Medical Leave Act is nothing new, and neither are the difficulties, issues and paperwork that comes with it.  Most likely, at one point or another, the FMLA has caused a problem for you and your company.  Maybe you had questions about paying an exempt employee when they take intermittent FMLA leave after using up all of their vacation and sick leave.  Or maybe you had a “difficult” employee take FMLA leave just as you were getting ready to terminate them, leading to questions about when and how to go about the termination (or maybe you just let them go and are currently looking down the barrel of a retaliation lawsuit).

The FMLA forbids an employer from retaliating against employees that takes FMLA leave.  It seems fairly simple that you cannot terminate an employee because your employee took FMLA leave to take care of a sick child, undergo back surgery or have a baby.  Unfortunately, things are not always that cut and dry.  And frankly, with the FMLA, they are almost never cut and dry. Continue Reading

About the Author:

Casey Sipe and I am a management-side labor and employment attorney with Scaringi & Scaringi in Harrisburg, Pennsylvania. If you would like to contact me, I can be reached at (717) 657-7770 orcasey@scaringilaw.com

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