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. We have a new administrative employee in our pediatric office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is in shambles. Can I put her on written warning for excessive absences? Can I terminate her? —C.F., Georgia

When it comes to collecting proof about an employee's FMLA medical leave, one stupid mistake can cost your organization big bucks. That mistake? Not giving employees at least 15 calendar days to obtain the necessary medical certification to prove their need for FMLA leave ...

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason ...

The FMLA lets qualified employees take up to 12 weeks of unpaid medical leave each year if suffering from a serious illness. The law also entitles them to reinstatement to the same or an equivalent job when they return. But what if the employee has a lingering work restriction, such as a temporary lifting limit?...

Q. A pregnant employee eligible for FMLA wants to take the 12 weeks of leave. Our leave policy says an employee on FMLA must first use his or her sick, vacation and personal leave, in that order, before the leave is unpaid. In this case, the employee has enough sick leave for the 12 weeks. But should she be allowed to use sick leave for the entire 12 weeks? Is this in our best interest? —M.P., Texas

Q. Do employees paid through a temporary agency count toward the 50-employee eligibility number for the Family and Medical Leave Act? —M.S., New Jersey

Q. We have a payroll manager who handles our payroll and FMLA policies. In our last audit, we were told that because her primary duty is payroll, she did not fall under the administrative exemption. Is that true? —Juliette, Florida

Q. We have an employee who is going to be out eight weeks for a qualifying serious health condition. The employee isn't requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they meet the qualifications? —C.T., Georgia

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA ...


Q. Can we change employees' work hours on short notice by altering their schedules? Also, we have a part-time employee who's been employed for a few months working 32 hours a week. She's preparing to return to work after recovering from a car accident. Can we reduce her work hours? —J.L., Maryland

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