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.

The FMLA grants 12 weeks of unpaid leave to handle a serious medical condition. Military family caregiver leave rules provide for 26 weeks off. But what happens when an employee can invoke both, for example, when she must care for a wounded military spouse while she is pregnant?

Even as we watch the stock market slowly recover, organizations are still laying off employees and searching for ways to cut overhead. If your organization is eliminating even one job, plan it carefully. A hasty layoff can create legal problems that cost more down the road than keeping the employee would have. Here are 10 things to consider:

Employees who are having work troubles sometimes think they can prevent being fired by asking for FMLA leave. Their ace in the hole if they are fired: They can always sue for retaliation under the FMLA. That only works if those responsible for the termination decision actually know that the employee has asked for FMLA leave ...

Q. We received a note from an employee’s physician simply stating that she was ill. On one occasion, she had to go to the emergency room from work, and she subsequently called in sick one day about a month or two later. Is this sufficient notice under the FMLA to require us to regard this as a request for extended FMLA leave?

Q. We have an exempt administrative employee who is on intermittent FMLA leave. She’s unable to work on Fridays for two or three hours due to a serious health condition. By policy, she must use any accrued sick leave when she is out sick, typically in whole-day increments. Can we charge her sick time in hourly intervals because she is utilizing FMLA intermittent leave even if we charge her in larger blocks when she is just plain sick?

Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? ...

Family-friendly practices have suddenly taken a back seat as struggling businesses focus on the bottom line. Now employers are looking for other ways to give employees time off, albeit involuntarily. But when employers impose furloughs, forced shutdowns and reduced work schedules on exempt salaried employees in increments of other than a full week, it can jeopardize exemptions under the FLSA.

White Paper published by The HR Specialist ______________________ Mary was furious with Paul, one of the customer service phone reps she supervised. He had called in sick again, forcing the other employees to pick up the slack. Paul was averaging one sick day every two weeks. It simply wasn’t fair. “Please get Paul on the [...]

One criterion for employees to be eligible for FMLA leave is that they must have worked at least 1,250 hours in the 12 months preceding the FMLA leave. That’s why it’s important to track employees’ hours, even hours worked by exempt employees, too.