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.
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the ADA.
Back when Congress was debating the initial passage of the FMLA, there was considerable discussion about what kinds of illnesses would entitle an employee to FMLA protection. If in doubt, ask for a medical certification. Decide whether to approve or deny FMLA leave based on what the certification says.
Forward Air may have to go to court after it granted but then denied a request for FMLA leave from an employee at its Harrisburg air freight facility.
An employee may give you any number of reasons for not wanting to take FMLA leave. If the employee refuses to provide certification, remind them that they will be held to your company’s standard attendance policy and excessive absences may result in termination.
Always double-check that an employee who has requested FMLA leave is actually eligible. It’s crucial if you operate out of several states or have multiple offices, since some locations may not be large enough to require FMLA coverage.
HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.
Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.
Q. The daughter of one of our executive assistants was recently diagnosed with an illness that will require extensive treatment. Her boss offered her “a few extra weeks of paid vacation” to care for her daughter. He told her this before HR had an opportunity to talk to her about options for time off. We don’t think the special treatment would be received well by staff outside of the executive wing. Do we have to provide what he promised even if it’s against company policy? Is it even legal?
Not everyone has an easy pregnancy, birth and recovery. Employers that refuse to recognize this reality and don’t offer accommodations for unusual circumstances face potential liability under both the FMLA and the ADA. What’s more, HR professionals and supervisors may find themselves personally liable for mistakes they make along the way.
When employees have a serious health condition that qualifies them for FMLA leave, employers have the right to some basic information. But you have to ask for it in the right way and at the right time.