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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Employees who take FMLA leave or engage in other protected activities sometimes look for signs their employer is illegally punishing them. They interpret every legitimate request for improvement as retaliation. Fortunately, courts are beginning to reject those frivolous claims.

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.

You need a clear policy on handling employees who call in sick. That helps ensure you don’t miss a potential FMLA request. Remember, employees don’t have to ask for FMLA leave by name.

Some employees are under the mistaken impression that merely asking for FMLA leave means they cannot be fired. That’s simply not true. Employees who take FMLA leave don’t have greater rights than other employees.

When you settle a lawsuit involving discrimination or some other employment matter, you typically want that to be the end of it. But what if the former employee applies for an open position? Avoid a second lawsuit by including a condition in the settlement that bars the employee from ever seeking employment with the company again.

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 take FMLA leave are entitled to return to their jobs, or substantially equivalent ones. Employers often want a return-to-work certification to show that the employee is healthy enough to come back. But it can be risky to insist that the employee return without any restrictions at all ...

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

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.

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