Episode 75: 💣 Three FMLA Landmines Waiting After Leave Ends: FMLA Leave Is Over… Now What? 💣

Three tricky return-to-work scenarios HR, managers and counsel need to know. 🔥👇

1️⃣ FMLA runs out, but they need more time off. Don't just say "see ya" 🙅‍♀️. The ADA and FMLA act in conjunction with each other and the ADA might require additional leave as a reasonable accommodation 🛡️. FMLA ending ≠ conversation over ❌. Know where one law stops and the other kicks in ⚖️🔄.

2️⃣ You find out they broke the rules… while they're on leave. Plot twist 😲: the misconduct happened BEFORE leave started. You CAN act on it 💪 — FMLA protects leave, not prior bad behavior 🚫. Just make sure you'd discipline ANY employee the same way ✅. Documentation becomes CRUCIAL. 📝🗂️

3️⃣ Disciplining them the SECOND they walk back in. Timing is everything ⏰. If a write-up lands on Day 1 back, the timing alone can raise questions 🚩 — even when the concern is legitimate. Best practice? Build your paper trail early 📋, stay consistent across the team 🤝, and make sure the decision was already in motion before the return. Smart timing = smart HR 🎯💡.

💡🔑 Bottom line: FMLA is full of landmines 💣. Stay consistent ✅, document like your career depends on it 📝 (because it might 😅), and loop in counsel BEFORE you act 🏛️⚠️.

Duane Morris LLP Duane Morris Institute #LikeABoss #fmla #leadership #hr