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. 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 ...

Q. I’ve heard that not all industries are covered by the FMLA. Are trucking companies exempt? If so, we have several employees out on workers’ compensation and FMLA leave. Can we fire them? —T.Z., New York

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania

Q. Our FMLA policy says that if employees take leaves of absence under FMLA for more than seven days, their annual review date is moved back for the amount of time they were out. Is this policy lawful? —S.H., Maryland

Q. I'm under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we're not obligated to let employees accrue vacation leave during their FMLA leave. Am I right? —B.K., Wisconsin

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