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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The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?...

Q. A pregnant employee eligible for FMLA wants to take the 12 weeks of leave. Our leave policy says an employee on FMLA must first use his or her sick, vacation and personal leave, in that order, before the leave is unpaid. In this case, the employee has enough sick leave for the 12 weeks. But should she be allowed to use sick leave for the entire 12 weeks? Is this in our best interest? —M.P., Texas

Q. Do employees paid through a temporary agency count toward the 50-employee eligibility number for the Family and Medical Leave Act? —M.S., New Jersey

Q. We have a payroll manager who handles our payroll and FMLA policies. In our last audit, we were told that because her primary duty is payroll, she did not fall under the administrative exemption. Is that true? —Juliette, Florida

Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn't requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA ...


Q. Can we change employees' work hours on short notice by altering their schedules? Also, we have a part-time employee who's been employed for a few months working 32 hours a week. She's preparing to return to work after recovering from a car accident. Can we reduce her work hours? —J.L., Maryland

By law, employees can take up to 12 weeks of FMLA leave each year. Your organization can, if it chooses, grant an extension ...

Is your organization reaping the full financial benefits from its employee assistance program (EAP)? If employees aren’t using it, the answer is probably “no” ...

Most states have boosted their minimum wages above the federal $5.15 per hour. Now, several states are exploring the idea of giving employees another plus—paid sick leave ...