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

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns prior to the bonus payout date (say in January), do we have to pay that employee the bonus? —A.G., South Carolina

A frequently disregarded ADA provision often catches employers by surprise. The ADA, which prohibits discrimination of disabled people at work, also bans discrimination against employees because they "associate with" someone who is disabled ...

Employers can cut an employee’s compensation at any time for any nondiscriminatory reason, as long as the person isn’t covered by a union contract or other agreement ...

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? T.B., Tennessee

Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position? —J.B., North Carolina

Q. Some of our employees routinely ask to use FMLA when they are five, 10 or 15 minutes late. It creates a scheduling nightmare and hurts morale. Does FMLA cover employees who are consistently tardy for work? —M.P., Florida

Q. Our company employs fewer than 50 people, so we don't have to comply with FMLA. Do we need to mention that fact in our employee handbook? —G.R., Michigan

The FMLA doesn’t forbid you to fire employees after they return from FMLA leave, or even while they’re on it. You’re simply prohibited from firing them because they took FMLA leave ...

It’s important to know how your responsibilities differ under the ADA and the FMLA. The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to intermittent leave, including working part-time for an extended period ...