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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It’s important to know how your responsibilities differ under the ADA and the FMLA. The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to intermittent leave, including working part-time for an extended period ...

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland

Q. I'm under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we're not obligated to let employees accrue vacation leave during their FMLA leave. Am I right? —B.K., Wisconsin

Q. We have a new administrative employee in our pediatric office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is in shambles. Can I put her on written warning for excessive absences? Can I terminate her? —C.F., Georgia

When it comes to collecting proof about an employee's FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave ...

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason ...

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?...