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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Q. Are holidays that fall within the scheduled FMLA leave counted as leave? —L.F., Washington

Q. We have an employee on intermittent FMLA leave who periodically faints at work, is carried away in an ambulance, is off for a few days and then returns. Her position is critical. Do we have to continue with these absences? —R.R., Massachusetts

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Q. We understand that employees on FMLA leave don't lose investment toward retirement plans. Leave time is counted as work time. But our policy says that if employees are out for more than 30 days, their anniversary dates will change. Accrued paid-time off and vacation time will be based on the new anniversary date. Can we do this? —K.A., Connecticut

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers' comp ruled that her absence was work-related and it dated her workers' comp claim back to Sept. 3. So, they're now saying that her FMLA leave won't start until she is officially released from workers' comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

Many employers who have progressive discipline and no-fault attendance programs believe they must stick to progressive discipline for every attendance infraction. But that's not so ...

Q. If a company tracks employees' vacation, sick and personal time off, can we make deductions from accumulated time for everyone who takes time off, including salaried employees? I'm talking about deducting it from the accrual, not the pay. I've heard that I can't deduct vacation, sick leave or personal time if the salaried employee worked at least four hours during that day. —S.W., Florida

To be eligible for FMLA leave, employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive ...

There’s a right way and a wrong way to make sure employees have a “serious” condition that qualifies for FMLA leave ...

The federal FMLA and New Jersey’s Family Leave Act (NJFLA) both make it illegal to discipline or terminate employees because they take leave to care for a sick parent or child. But that doesn’t mean employees who take such leave are “untouchable” from discipline ...

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