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Terminating Employees and Preventing FMLA Interference Claims
HR Daily Advisor Link to more items from this source
Dec. 22, 2016
"Taking these steps can help you prevent interference claims: [1] Formally consider all oral and written requests that could be deemed to qualify under the FMLA, even if the reasons given for the leave are multiple or suspect. [2] Be consistent in your process. [3] Watch the timing of any adverse actions against employees seeking/taking FMLA leave. [4] Even if you allow leave, take care when basing adverse action only on factors predating the employee's return-to-work because the employee may argue a link to FMLA leave. [5] Good documentation is crucial ... [T]rain your supervisors and managers to be careful about what they put in writing, particularly with e-mails."

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