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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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Employers can’t fire an employee who is about to reach the thres­­hold for FMLA eligibility if the em­­­­­­ployee has other accrued leave available to bridge her to FMLA eligibility.
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.

Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.
Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.
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.
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