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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Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Your first—and safest—option: request a medical certification stating the employee has a serious health condition.

The FMLA applies to employees who have worked more than 1,250 hours and for one year—provided their employer has a staff of 50 or more working within 75 miles of the employee’s base. Typically, the base is where the employee reports. But what about a salesperson who travels over a set territory and works from home?

Tell a lie about a co-worker? Never. But there are times your boss doesn’t need to know everything, says Nicole Williams, author of Girl on Top. Here are five things your boss doesn't need to know about you.

Q. We have an employee out of work due to a workers’ compensation injury. Does the employee’s time off count against his FMLA leave?

Q. Can we require an employee who is out on FMLA leave to use accrued paid time off if he or she is receiving disability payments?

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act, that person could be deemed “disabled” and entitled to reasonable work accommodations.

The World Health Organization raised the swine flu alert to its highest level, saying the H1N1 virus has reached global pandemic levels. Your best HR defense is a good offensive plan to handle the logistical and employment law issues ...

So many employees of Fox Kalomaski were taking leave for “beauty treatments” that the London-based advertising agency added an extra paid day off—and execs there call it “Botox leave.” The day off happens in December, says the managing director, who speculates employees need time to “make sure they’re looking their best for the Christmas party photos.”

Question: “We have an employee currently on maternity leave who comes into work to check her e-mails, make work calls etc. This person has paperwork signed that she is on Family Medical Leave Act (FMLA) leave for 12 weeks due to pregnancy complications.  She is currently in her third week of leave.  How should this be handled?  Are there liability issues? We do not have a doctor’s release yet for this person.” — Anonymous 

True or false: Employees are either creative or they’re not—creativity isn’t a skill you can teach. False. Managers can play a key role in creating an environment in which employees will want to look for new ideas. Share this article with your supervisors to help tap employee creativity.

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