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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Only employers with 50 or more employees within a 75-mile radius must offer job-protected FMLA leave to their employees. If your organization is below that limit, make sure not to mention it in your employee handbook or benefits materials.
Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.
Document your reason for firing an employee who is out on FMLA leave.
Need to contact an employee out on FMLA leave about pressing business matters like incomplete work or file locations? That’s perfectly fine. Courts recognize that employers may need information the employee has.
Employers must keep careful track of accrued vacation time employees use and vacation time accrued but unused. That’s particularly true for employers that operate in California and one or more other states.
Employees who take FMLA leave sometimes think their supervisors aren’t allowed to criticize any performance deficiencies that occurred before the leave began. That’s just not true.
The start of each school year brings new responsibilities that pull employees away from work. You may try to be flexible with your parent-workers, but how far you have to bend depends in large part on whether employees are nonexempt or exempt under the Fair Labor Standards Act and state short-term leave laws.

Employees who take FMLA intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave.

Sometimes, all a disabled employee needs in order to return to her job is a little bit of additional leave. But there needs to be some sort of estimated return date.
The FMLA has been around for almost a quarter century now. Employers have no excuse for ignoring the law.
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