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.

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return. As long as the employee isn’t covered by the FMLA (in which case, she is entitled to 12 unpaid weeks of leave), you can terminate the employee without violating the ADA.

Employees who take FMLA leave are entitled to their former jobs or equivalent ones when they return to work. But sometimes employers that operate many locations move employees around to cover for the employee on FMLA leave. They may not want to move those employees again. Can the returning employee be assigned to another location?

Employees who can’t come to work at all because of a disability can’t perform the essential functions of their jobs. Someone who is so incapacitated they cannot work can be discharged.

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected. Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records ...

Soon after Gary Lizalek was hired at a Wisconsin medical firm, he informed the company that he believed, as a matter of religious faith, that he was three separate beings. The company fired all three Lizaleks. He sued, saying the company failed to accommodate his religious beliefs.

The EEOC last month spelled out a series of best practices that employers should follow to avoid discriminating against workers who care for ill family members.

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

How to reverse a bad situation? Practice three-way respect: 1) Respect yourself. 2) Respect your colleague. 3) Respect the problem. Jack and Mike had been college buddies, and now Jack had inherited his dad’s manufacturing business. Feeling that the business had languished, Jack had some new ideas...

Q.  We have an employee who has worked for us for just six months. However, three years ago, she worked for us for about a year before quitting and going back to school. Now she has requested time off under the FMLA. Is she eligible?

Millions of employees would be eligible for seven days of paid sick leave annually if the Healthy Families Act, recently introduced in Congress, becomes law. A coalition of HR and business groups vowed to fight the bill, saying it would “force companies to increase layoffs, reduce wages and cut important employee benefits.”