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.

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz ...

The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

Q. Our company allowed an employee’s health insurance to lapse because he failed to pay his share of the premium while on FMLA leave. The employee is scheduled to return to work in two weeks. What is the company required to do about the employee’s health insurance coverage when he returns?

These days, employees are incredibly well-informed when it comes to their rights. In the following case, an employee found an FMLA certification form online and used it.

Sometimes, employees suggest telecommuting as an accommodation if they have temporary disabilities. Telecommuting may be possible for some kinds of jobs. But in other cases, the job itself may make telecommuting impossible.

Chances are that a court won’t approve an FMLA case settlement unless the employer can show that the amount it is paying the employee isn’t less than the cost to comply would have been in the first place.

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

Employers may be in for a nasty shock if they assume that an employee who can’t return to work full time after taking FMLA leave doesn’t have the right to reinstatement. If they can perform the essential functions of their jobs on a part-time basis, then employers may have to agree to a reduced schedule.

Q. We have an employee out on FMLA leave and have just learned that she will not be able to return to work when her FMLA entitlement expires. Should we go ahead and send her a termination notice now?

Employees who have worked for their organizations for more than one year total and have worked at least 1,250 hours in the 12 months preceding their need for FMLA leave are eligible for unpaid FMLA leave for their own serious health condition or that of a relative. If employees haven’t reached 1,250 hours, they’re not eligible. That’s why it’s important to track every hour worked.