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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A federal appeals court has cast doubt on the longstanding belief that independent contractors are never “employees” under the FMLA.
Q. May an employee substitute paid leave for unpaid FMLA leave?
Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.
Generally, employees have to file EEOC discrimination complaints if they want to go to federal court with their claims. The EEOC eventually will issue a right-to-sue letter, giving the employee 90 days to commence litigation. But that can take years. If the employee waits to file a related FMLA lawsuit, she may be out of luck, since FMLA claims must be filed within two years of the alleged wrongful conduct.
Some employees mistakenly believe that if they can just get FMLA leave approved, their employer can’t discharge them. Fortunately, that’s not true.
Q. I am the owner of a security services company. One of my rank-and-file employees is currently on leave from work under the FMLA. Due to an economic downturn, I have been forced to reduce the number of shifts available to my employees. If there is no longer a shift available for this employee when he returns from FMLA leave, am I be required to find or create a shift for him?
Some employers think disabled employees are automatically eligible for FMLA leave in addition to being entitled to reasonable accommodations. That’s not always true.
Q. Would FMLA leave apply to an employee who requests leave time to care for her daughter who is over age 21 and married? The daughter’s illness required hospitalization, but her husband is overseas on active duty with the military.
Some employees seem to think that their employer can’t punish them for violating company rules if they happen to be on FMLA leave when their employer finds out. They think the FMLA protects them broadly from consequences. Fortunately, that’s just not true.
Employees have to wait a year before becoming eligible for FMLA leave. But you should let them know about the law and what benefits it provides before they hit their one-year anniversary. This is especially true if you have been denying time off for a serious health condition during the first year.