After years of delay and missed deadlines, the U.S. Labor Department appears ready to move ahead with its promised update to FMLA regulations. But before it breaks out the red pen, the agency is seeking input from employers and other interested parties ...
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.
Q. I'd like to know if our company needs something like a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field? —B.B., New York
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. —D.S., Georgia
Q. Our company gives eight hours of sick leave per month to nonexempt employees. We've been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts? —D.H., Kentucky
Q. An employee told her supervisor that she needed surgery. We approved time off under the FMLA with the understanding that she would provide certification after the leave began. We later discovered that this “necessary” procedure was liposuction. Can we revoke approval of medical leave under FMLA and convert sick hours used to vacation hours instead? Can we fire her based on inappropriate use of the FMLA? —T.S., Florida
Q. Can the time spent on workers' comp leave be counted against family and medical leave? —D.H., Arizona
Q. One of my employees has been out on FMLA leave for seven weeks taking care of his sick father in another state. The leave was approved for a full 12 weeks. I received a voice mail from him saying that his father died. He also said that he had to clear up a lot of things with his father's estate, but that he would be back by the end of his scheduled leave. Can he do that or can I tell him he needs to come back sooner? —V.S.
The FMLA allows employees to take job-protected leave for the birth or adoption of their child. But can an employee legally take FMLA leave when his or her child is having a baby? In most situations, the answer is "no." But that's not always the case ...
Q. Many of my employees request FMLA leave to return to their native countries to care for sick relatives, or they request personal medical leave due to a “sudden illness” that occurs while visiting those countries. In some cases, these countries don’t have regulated physicians. Documents can be easily obtained from any street vendor. Are U.S. employers required to accept these documents? —L.W.
Q. Are holidays that fall within the scheduled FMLA leave counted as leave? —L.F., Washington