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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A federal court has rejected Hersha Hospitality Management’s request to toss out an FMLA interference lawsuit filed by an employee who had only worked for the Harrisburg company for 10 months when she was fired.
It’s frustrating to deal with employees who call in on short notice to say they won’t be able to make it to work. Even so, don’t let it get to you. An angry reaction could launch an FMLA lawsuit. That could happen if you are already thinking about terminating the employee.
Supervisors who handle employee return-to-work requests following FMLA leave must know what they are doing. Otherwise, your legal risk could rise significantly.

When an employee takes FMLA leave because her physician says she’s too sick to work and needs to stay home, it’s natural to assume she’ll follow the doctor’s orders. But what if you discover that she isn’t—and is instead working for someone else during her leave? Can you terminate her? Of course.

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when FMLA expires?

Absenteeism is a big problem for many employers. If you suspect that some employees are taking advantage of your leave programs, you can and should come up with a plan to catch them, as one employer recently did.

Most pregnancies proceed normally, with little or no real trouble for the mother. However, that’s not always the case. When things go wrong, the mother-to-be may be entitled to reasonable accommodations under the ADA. That’s true even if she hasn’t worked for her employer long enough to be eligible for FMLA leave.

Employees are supposed to get FMLA certifications back to their employers within 15 days. But it’s not a good idea to terminate an employee simply because you didn’t receive the paperwork on time. The FMLA regulations include an out for employees who miss the deadline for reasons beyond their control.

Ill-chosen words can haunt incautious supervisors. Example: Using the term “slacker” to describe someone who misses lots of work. Here’s why: Disparaging comments may be proof that the employer retaliated against an employee for taking too much leave.
Is it protected activity that can’t be punished if an employee who is not yet eligible asks to take FMLA leave? Put another way, can an employer fire an employee who requests FMLA leave before the employee is actually eligible? A federal court has said, “No!” That’s illegal retaliation.
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