In the human resources arena, attorneys often advise employers not to ask too many questions. For example, if an employer believes an employee’s performance problems are due to a physical or mental condition, but the employee has not raised such condition as an issue, attorneys generally will advise the employer to avoid discussing the employee’s condition and instead simply focus on the performance problems themselves because of the risk of creating a claim under the Americans with Disabilities Act (ADA).
However, there are times when an employer is well served to dig a little deeper. Discussed below are three potential Family and Medical Leave Act (FMLA) traps that could ensnare employers that do not ask the right questions.
3. The age of dependents (or dependence)