Employee Leaves
What is the minimum number of hours an employee must work in the previous 12 months to qualify for FMLA leave?
What is 1,250 hours?
- must be actual hours worked
- Employers can choose one of four methods to define the 12-month period for FMLA leave:
A female lifeguard and employee of a city’s parks department endured repeated sexual comments and touching by her supervisors. Despite her complaints, the employer did not take timely action to stop the harassment. What risk does this failure expose the employer to?
What is employer liability for hostile work environment harassment?
Faragher v. City of Boca Raton
Supreme Court case established that employers are liable for supervisors’ harassment if they fail to prevent or promptly address it.
Failure to make a final decision on accomodation requests within a reasonable amount of time may result in this.
What is a viable claim for failure to accomodate?
Delays in the interactive process can be treated as denials under the ADA.
“Reasonable time” depends on the urgency and clarity of the request.
Courts look at whether the employer engaged in good-faith efforts.
Making these types of assertions without facts to support the same will result in the dismissal of a retaliation claim.
What is a conclusory assertion?
Saying “I was retaliated against” isn’t enough, must show how and when.
No causal link = weak case; facts must suggest retaliation because of protected activity.
SHRM stresses documenting timelines and employer responses to complaints.
This category of employee is not entitled to protections under the ADA.
What is a retiree?
- Even if a retiree is still receiving benefits or listed in the system, they are not actively working or eligible to return to work.
- Retirement ends the employment relationship, so legal protections tied to employment end as well.
When an employee’s medical condition doesn’t qualify for FMLA leave, but they still need time off as a reasonable accommodation, which federal law requires employers to consider providing this leave?
What is the Americans with Disabilities Act (ADA)?
Employees who participated as witnesses in an internal harassment probe faced hostile treatment and social isolation afterward. What is the employer’s compliance issue?
What is retaliation against cooperating employees?
This can be considered a valid impairment when it occurs, under the ADA, if it impacts a major life activity.
What is an episodic impairment?
It's the impact during episodes—not just everyday functioning—that matters.
Employers must assess how the condition affects work when it flares up, even if employee seems fine most of the time.
Examples include epilepsy, migraines, cancer, PTSD, or multiple sclerosis.
Critical in the determination of a potential retaliation matter is this fact, which may well connect a denial of accommodation with a subsequent termination decision.
Who is the individual that denied the accommodation request and decided to terminate the employee?
If the same person both denies an accommodation and later terminates the employee, courts may infer retaliatory motive.
Establishes a causal link between the protected activity (accommodation request) and the adverse action.
Segregating decision-making and documenting independent reasons reduces risk
After completing FMLA leave, when assessing additional accomodations this time period is generally not acceptable.
What is indefinite leave?
Under the ADA, additional leave must be reasonable and time-bound.
Indefinite leave is considered an undue hardship for most employers.
These two special cases under the FMLA don't neatly fit standard definitions of a serious health condition but may still qualify for leave depending on the circumstances and medical involvement.
What are substance abuse and infertility?
In this type of employment action, plaintiffs no longer need to provide background circumstances to support their claims.
What is reverse discrimination?
Often involves majority group employees alleging unfair treatment due to diversity efforts.
Courts focus on whether discrimination occurred, not on plaintiff’s prior situation.
Once an employee provides their requested accomodation, in order for the interactive process as designed to work correctly an employer must do this.
What is respond to said request?
The ADA requires employers to engage in an ongoing, good-faith interactive process.
Silence or delay after an accommodation request may be seen as failure to engage.
Document, document, document
Not inviting an employee to a meeting or otherwise shunning an employee can be clear examples of this costly claim.
What are acts of retaliation?
For FLSA purposes, for an HR professional to make a viable claim they need to do this.
What is take an action that makes it clear to the employer that they are acting outside of their role and/or on behalf of themselves or another employee.
On June 12th, an employee submitted their request to HR for FMLA leave. The HR manager acknowledged the request verbally that day and followed up with the written confirmation and eligibility notice on June 21st. The employee then started leave on June 24th. What compliance issue occurred in this situation?
What is failing to provide the required written FMLA eligibility notice within five business days of the leave request?
At the initial stage of litigation, an employee may only need to show this in regard to management, to meet the initial protected activity threshold.
What is allege plausible facts for a jury to believe that they tried to report the issue?
Protected activity includes attempting to report discrimination or harassment.
Even informal or unclear complaints may count at this stage.
Focus is on whether management could reasonably understand it was a complaint.
Employers should train managers to recognize and escalate potential complaints.
These requirements are often not included in a job description, but can be critically important to prove whether one is truly a "qualified individual" under the ADA.
What are physical requirements for a particular job title?
- Physical demands (lifting, standing, walking, etc.) may be essential—even if not written in the job description.Under the ADA, a "qualified individual" must be able to perform essential job functions, with or without accommodation.
This assessment is sought from an employee if there is a cognitive or safety concern that exists before a return to work can be granted.
What is a mental health fitness for duty exam?
Used when there’s a legitimate concern about an employee’s ability to safely and effectively perform job duties.
Must be job-related and consistent with business necessity under the ADA.
Typically triggered by observed behavior, not assumptions about a diagnosis.
An independent investigation and hearing by individuals who are not connected to the plaintiff or their supervisors can break this.
What is the causal connection of ill will/hostile intent towards a plaintiff?
Courts give weight to neutral decision-makers with no vested interest.
Undermines claims that adverse actions were motivated by retaliation or discrimination.