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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.

When an employee has a baby or adopts a child, it’s easy to determine that he or she is eligible for FMLA leave. But it gets murkier when the baby who needs care isn’t the employee’s own child. The FMLA regulations list eligible dependent children as those to whom the employee has “day-to-day responsibility to care for and financially support.”

Video surveillance can help catch employees who are abusing the system. For example, video of an employee cleaning the gutters while on FMLA leave may show he’s not sick. But before you conduct your own surveillance or hire someone to do so, here’s a simple tip ...

Employers sometimes forget that just because a condition has a name and can be serious, it doesn’t always mean it’s a disability. In one recent case, an admitted alcoholic who had undergone inpatient treatment was deemed not to be disabled under the ADA and therefore not entitled to reasonable accommodations ...

Change. America voted for it, and the HR world will certainly receive its fair share next year. The arrival in Washington of President-elect Obama and a firmly Democratic-controlled Congress will spark an array of legislative and regulatory proposals that could rewrite the employment law rule book.

Five Detroit police officers have filed a lawsuit challenging a department policy that forces pregnant officers to go on sick leave as soon as their supervisors find out they’re pregnant.

On Nov. 17, the DOL finalized the first major overhaul of FMLA regulations in 15 years. Some changes favor employers; others will make FMLA compliance trickier than ever. They will require changes to your policies.

The long-awaited, and much commented-on, changes to regulations governing the Family and Medical Leave Act (FMLA) were finalized and released in November by the Department of Labor (DOL).  They are effective January 16, 2009.

Q. How should I calculate the number of hours to charge to an employee’s 12-week FMLA entitlement? We have employees who work 40, 55 and 64 hours per week. Do we give them a 12-week cap or do we extend the weekly amount to cover the amount of weeks it would take to cover 480 hours (which assumes a “standard” 40-hour week)?

It’s a myth that being off on FMLA leave means an employee can’t be terminated. The employee can be—as long as the employer has good reasons for the termination. Being on FMLA leave doesn’t give someone immunity from being fired for incompetence ...

Lawyers believe two pockets are better than one. That’s why, whenever possible, they’ll try to sue both the employer plus the supervisor (or the HR director!) who made the alleged employment law mistake. That means the supervisor’s home and nest egg could be at risk ...