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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Q. One of our truck drivers just had a bypass operation and now has a defibrillator, which means, according to the DOT, he can no longer drive a truck. Do we still need to give this driver 12 weeks of FMLA time since he will never be able to return to work?
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But what should you do if you have made accommodations and they don’t seem to be working?
Don’t worry that you can’t discipline disabled workers—if you can show that you punish all em­­ployees equally for breaking the same rule. An employee’s disability is irrelevant as long as you don’t cut slack for other employees while punishing the disabled worker.
Do you have an employee who sometimes becomes depressed and needs FMLA leave on an intermittent basis to deal with flare-ups? If so, he’s not necessarily disabled under the ADA.
Rep. Carolyn B. Maloney, D–N.Y., has reintroduced legislation that would require more employers to provide unpaid leave to employees who need to care for themselves or a family member. The Family and Medical Leave Enhancement Act would extend FMLA protections to workers in companies with more than 25 employees.
If you can show that the financial and logistical costs are unreasonably high, you don’t have to extend time off as an ADA reasonable accommodation.

Some bosses openly resent it when subordinates announce that they’re pregnant. Warn them to never do or say anything that indicates anger, disappointment or annoyance.

Employers can terminate an em­­ployee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.
Taking time off for medical appointments is a legitimate use of FMLA leave if the treatment is related to a serious health condition. But that doesn’t mean that em­­­ployees can schedule those appointments whenever they want.
More fathers have been filing em­­ployment lawsuits than ever before, particularly under the FMLA. So it’s essential to avoid relying on outdated gender stereotypes and to treat male caregivers fairly. Here are some traps the EEOC warns em­­ployers to watch out for.
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