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.
Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.
Employees have no more than three years following an alleged FMLA violation to file an FMLA-interference lawsuit. And that’s only if the employer’s violation was “willful.” In most cases, they have just two years to get that lawsuit going.
Q. We approved an employee to take FMLA leave to care for her seriously ill father. The problem is that her supervisor has shared the details of the dad’s illness with other employees. This is a breach of confidentiality. The employee has complained. What should happen to the supervisor?
If you were going to terminate an employee before you learned she wanted FMLA leave, you still can. Just be sure you can document when and why the termination decision was made.
Employees on FMLA leave sometimes think they’re immume from being discharged. That’s not true. As long as FMLA leave isn’t a factor in the decision, you can fire those on leave.
Publication of the new DOL guide to employees’ FMLA rights signals an opportunity for employers to take a fresh look at this sometimes confusing law. It’s a golden opportunity to remind employees how their company leave policies mesh with the FMLA.
Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position?
Employees on FMLA leave are entitled to be left alone. Supervisors shouldn’t send work home with the employee or call constantly to check up. That could be considered FMLA leave interference. That doesn’t mean, however, that you can’t get in touch with the employee about important and urgent matters or enforce your broader call-in policies.
The FMLA is difficult to administer, especially now that it has been amended to include additional time off in connection with military service. Plus, new FMLA regulations make more workers eligible for leave if they care for a child. Rest assured that if you promptly fix an innocent mistake when it’s brought to your attention, you won’t be automatically liable for FMLA interference.