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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Employees who take FMLA intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave.

Sometimes, all a disabled employee needs in order to return to her job is a little bit of additional leave. But there needs to be some sort of estimated return date.
The FMLA has been around for almost a quarter century now. Employers have no excuse for ignoring the law.
Good HR practices rely on complete and accurate documentation. That’s especially true when it comes to FMLA administration, where noncompliance with notice requirements spurs plenty of lawsuits.
Make sure HR staff know how to calculate FMLA leave and keep careful tabs on how that leave is used. That way, you minimize chances that an employee will receive erroneous information that could lead to a lawsuit alleging that you interfered with someone’s FMLA rights.
Do you offer voluntary overtime to employees, but make attendance mandatory if employees sign up? If so, watch how you calculate FMLA leave. You have to include the overtime in the calculation of available FMLA hours, or you can’t subtract FMLA hours for an absence.
If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.
Although HR usually handles the details when an employee is eligible and takes Family and Medical Leave Act (FMLA) leave, managers should never be in the dark about what that means once the leave is approved.
FMLA compliance may be one of the trickiest parts of an HR pro’s job, but the law’s notification requirements are easy to deal with.
Employees who return from FMLA leave may not be fully healed. They may, in fact, have developed serious enough medical problems to be disabled under the ADA.
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