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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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California employees have additional rights to family and medical leave under the California Family Rights Act (CFRA). Don't require an employee to provide an FMLA certification form if she is seeking CFRA leave.
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.
Although a stray comment alone may not be enough to prove discrimination, when coupled with other evidence—like a younger individual hired to perform a similar or the same job as someone older who was terminated—the comment may come back to haunt you.

After an employee has been fired, he or she often looks for a reason to sue. Something as innocuous as having used FMLA leave may then become the basis for a lawsuit as the former employee looks for any reason to get into court and perhaps negotiate a quick settlement.

Here’s a tip that can save you from a needless lawsuit: Make sure managers and supervisors aren’t using their own judgment about who deserves a job accommodation for medical reasons.

United States v. Windsor struck down a Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law. Now the Department of Labor has issued rules extending FMLA protections to same-sex married couples.

Employers that have call-in procedures for absences can require employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides on discipline, hiring and other issues—or else face the consequences.

A federal court has concluded that Texas state employees who take FMLA leave for their own serious health conditions can’t later sue their state agency over that leave. That’s because Texas has sovereign immunity from such claims.

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