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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More fathers have been filing em­­ployment lawsuits than ever before, particularly under the FMLA. So it’s essential to avoid relying on outdated gender stereotypes and to treat male caregivers fairly. Here are some traps the EEOC warns em­­ployers to watch out for.
There’s a right way and a wrong way to terminate an employee who isn’t returning from FMLA leave. The right way: Offer every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.
The Penn State Hershey Medical Center has denied any wrongdoing in the case of a cancer doctor who sued, alleging he was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.
Employees who are eligible for FMLA leave may not need a big block of time off, but instead want to take intermittent leave. Unfortunately, which one they do take isn’t up to the employer.
Almost anything connected to a pregnancy can become the basis for a valid FMLA leave request, even if the employee is well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as FMLA leave.
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.
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