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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An otherwise good employee is acting out of character, and you think she needs help. Do you insist she contact the employee assistance program (EAP), and send her home? ...

Q. Our policy is to run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee, at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end short-term disability payments, since the employee has been terminated? —E.A., Georgia

Q. An assistant manager has been out on disability leave for four months, and she's requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she's required to reimburse the company for the paid leave. Is this lawful? —A.C., Maryland

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She's out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

Q. Should we pay for travel time if the employee's drive from home to the first job site is a very long distance (example: Los Angeles to San Diego)? —L.S., California

Google is just eight years old, but it beat out a slew of old-timers last month to snag the No. 1 spot on Fortune magazine’s list of the “100 Best Companies to Work For” ...

S.P. Richards Co. (SPR), a Smyrna office-supply wholesaler, recently won an FMLA victory when the 1st Circuit Court of Appeals determined it would be considered separately from its parent company, Genuine Parts Co. ...

Q. We're a 24/7 office. Some employees rotate shifts, but our night employees typically work the same shift. After one of our employees gave birth, she asked to be placed on the night shift. We granted her request, but now she says medical reasons require her to be off for five days in a row. We put her back into the regular shift rotation, but she claims her FMLA rights are being violated and wants all employees to rotate shifts, even the night employees. Do we have to do this? —M.L., Ohio

Q. If an employee calls off intermittently for migraine headaches, how can we verify the real reason for the leave? Can we ask for information each time the employee is absent? —J.M., Illinois