First things first on FMLA: Challenge eligibility before approving leave — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

First things first on FMLA: Challenge eligibility before approving leave

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in FMLA Guidelines,Human Resources

The FMLA provides 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 for intermittent leave when 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)

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