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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Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

Twenty years ago today, President Bill Clinton signed the FMLA into law. Since 1993, the law has provided eligible employees up to 12 weeks of unpaid, job-protected leave per year for the birth, adoption or foster care of a child; caring for a child, spouse or parent with a serious health condition; or convalescence after an employee’s own serious health condition. Here's a primer on one of the nation's most critical employment laws

Making comments about someone’s illness is both rude and unprofessional. It may also be the basis for a lawsuit. That’s reason enough to warn supervisors and managers against discussing medical problems related to FMLA leave

Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?
Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?
Employees who run out of FMLA leave may still be eligible for additional time off under the ADA if their condition qualifies as a disability.
Here’s a recipe for a lawsuit: Terminate a good employee who just told you she needs FMLA leave and has scheduled surgery. The timing alone will be enough to let the lawsuit proceed.

Q. We have a salaried employee who needs to take FMLA leave. Some days off will be full days, so they would be unpaid (unless she has vacation or personal time). But how do we pay for the intermittent days on which she only takes a half day off?  

Surprise! If you reasonably believe an employee who’s out on FMLA leave broke a workplace rule, you can fire him—even if it turns out you were wrong.
Employees who take FMLA leave can’t be disciplined for work that goes undone while they are out. To avoid confusion, always adjust schedules or find backup to meet inflexible deadlines while the employee who is usually responsible for the work is away.
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