Theprovides unpaid leave so employees can deal with their own or an immediate family member’s serious health condition.
Many employers are seeing a surge in requests forwhen an employee has a parent or child who needs help getting to medical appointments or undergoing treatments. Before you approve a request for such intermittent leave, make sure you are satisfied with the medical certification. That’s because challenging the underlying need later is difficult if not impossible.
Once you have been sued, arguing that the employee, parent or child didn’t have a serious health condition will be an uphill battle in court.
The best approach is to challenge the certification before you approve it by using the process approved by the Department of Labor regulations. That means getting (and paying for) a second medical opinion—and a third one if the first two don’t agree that the individual in question ha...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- What can we do? Employee may have been faking need for FMLA leave
- Are you ill prepared? 13 steps to stay ahead of the H1N1 virus
- DOL issues new FMLA poster: Get your free copy here
- Don't expect early dismissal of FMLA lawsuit even if law doesn't cover your organization