

Episode 75: π£ Three FMLA Landmines Waiting After Leave Ends: FMLA Leave Is Overβ¦ Now What? π£
Episode notes
Three tricky return-to-work scenarios HR, managers and counsel need to know. π₯π
1οΈβ£ FMLA runs out, but they need more time off. Don't just say "see ya" π ββοΈ. The ADA and FMLA act in conjunction with each other and the ADA might require additional leave as a reasonable accommodation π‘οΈ. FMLA ending β conversation over β. Know where one law stops and the other kicks in βοΈπ.
2οΈβ£ You find out they broke the rulesβ¦ while they're on leave. Plot twist π²: the misconduct happened BEFORE leave started. You CAN act on it πͺ β FMLA protects leave, not prior bad behavior π«. Just make sure you'd discipline ANY employee the same way β . Documentation becomes CRUCIAL. πποΈ
3οΈβ£ Disciplining them the SECOND they walk back in. Timing is everything β°. If a write-up lands on Day 1 back, the timing alone can raise questions π© β even when the concern is legitimate. Best practice? Build your paper trail early π, stay consistent across the team π€, and make sure the decision was already in motion before the return. Smart timing = smart HR π―π‘.
π‘π Bottom line: FMLA is full of landmines π£. Stay consistent β , document like your career depends on it π (because it might π ), and loop in counsel BEFORE you act ποΈβ οΈ.
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