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Protected Concerted Activity & Social Media
In the age of technology and social media, it’s hard to manage information about your company. What should employers do when employees complain about work on Facebook or Twitter? Can you hold your employees accountable? Can you fire them? Find out how A&B Burgers handled an employee rant on Facebook. Read more.
Stay Up to Date on the Latest Employment Legal Updates
Can I Fire An Employee Once Their FMLA Is Exhausted?
You have an employee who recently went out on FMLA leave for knee surgery. He has been out for over three months and exhausted all 12 weeks of his FMLA. He called and stated he needs additional time off for physical therapy so he can gain full mobility of his knee. It looks like he will need an additional 6 weeks. You can’t keep his job open forever. Can’t you just terminate the employee now that his FMLA leave is exhausted?
How should you handle this issue?
The Family Medical Leave Act only provides 12 weeks of job protected leave. There is no reason to continue to extend the leave.
Keep on extending FMLA, he has a doctor’s note stating he needs more time off.
There is no requirement to extend leave under FMLA, however the employee may be covered under the Americans with Disabilities Act. Under this law, continued leave may be considered a reasonable accommodation.
One of the most important tasks a manager faces is that of interviewing. An interview can go well when the proper questions are asked. It can also create a negative atmosphere when discriminatory questions are asked of the interviewee. Not always is a manager properly trained in what may be deemed a discriminatory question during an interview.
Discriminatory remarks are those based on race, color, religion, sex, national origin, age, disability, genetic information, or any other class protected under federal and state law. Discriminatory questions may result in future claims for the employer. Managers should know the Do’s & Don’ts of Interviewing. Read More.
This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.
