Episode 75: πŸ’£ Three FMLA Landmin...

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

Like a Boss with Michael Cohen by Duane Morris
S1 Β· E77
Sep 14, 2026
08:15

Episode notes

Three tricky return-to-work scenarios HR, managers and counsel need to know. πŸ”₯πŸ‘‡

1️⃣ FMLA runs out, but they need more time off. Don't just say "see ya" πŸ™…β€β™€οΈ. The ADA and FMLA act in conjunction with each other and the ADA might require additional leave as a reasonable accommodation πŸ›‘οΈ. FMLA ending β‰  conversation over ❌. Know where one law stops and the other kicks in βš–οΈπŸ”„.

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 πŸ’ͺ β€” FMLA protects leave, not prior bad behavior 🚫. Just make sure you'd discipline ANY employee the same way βœ…. Documentation becomes CRUCIAL. πŸ“πŸ—‚οΈ

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 🚩 β€” even when the concern is legitimate. Best practice? Build your paper trail early πŸ“‹, stay consistent across the team 🀝, and make sure the decision was already in motion before the return. Smart timing = smart HR πŸŽ―πŸ’‘.

πŸ’‘πŸ”‘ Bottom line: FMLA is full of landmines πŸ’£. Stay consistent βœ…, document like your career depends on it πŸ“ (because it might πŸ˜…), and loop in counsel BEFORE you act πŸ›οΈβš οΈ.

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