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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Warning: If you terminate employees who take more than 12 weeks off in a given period, you may be violating the FMLA even if you allow employees their full FMLA allotment of 12 weeks unpaid leave ...

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn't eligible for long-term disability because she's not disabled. We want her back, but she can't commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York

Q. My company offers 10 weeks paid maternity leave. Recently, a male employee asked whether he could take maternity leave. I said no, only women are eligible to take such leave. Was I right? —K.R., Maryland

When employees return from FMLA leave, you're required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees' jobs or conditions of employment while they're out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations ...

It pays to keep some records longer than you think you’ll need them. For example, any notes, correspondence, medical certifications and other documents related to an employee’s FMLA leave request should be kept a minimum of three years ...

Q. We have several employees out on workers' comp claims. Our policy is to pay for the employee but not dependents. How can we terminate the group insurance for employees who are out on workers' comp for more than three months? —M.O., Washington

Q. An employee's been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Q. One of our managers has medical problems (she qualifies for the ADA and is in an age-protected class) and has used a significant amount of sick pay. Because we don't have a defined sick pay policy, this manager is paid sick time whenever she's out (full day or half day). How can we legally cap this? Is the development of a policy with specific hours our only alternative? —F.E., Georgia

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call off after the start of their shift, they’ll receive two points. What if the reason for the absence is covered by the FMLA? Should the employee still receive the two points? —C.S., Florida

Domestic violence isn't always domestic. It comes to the workplace as lost productivity, excessive absenteeism, employee depression, increased health costs and, in the worst-case scenario, as violence at the workplace ...