FMLA Guidelines

We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.

Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.

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The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.
If an employee comes forward and requests a work-related accommodation, refusing to make that accommodation may mean the employee becomes eligible for unemployment.
Merely mentioning an illness isn’t the same as requesting FMLA leave.
Before an employee can argue that her employer interfered with her FMLA rights, she has to have put the employer on notice that she needed leave.
Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?
A Texas appeals court has ruled that an employee who was off on unpaid FMLA leave was not also eligible for unemployment compensation benefits.
When an employee becomes pregnant, she has the right to take leave under the federal FMLA.
Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.
Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.
Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs.
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