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.
Employees who take FMLA leave are entitled to their old jobs or an equivalent one when they return. Offering a less prestigious position or one with different hours is asking for trouble.
Q. A long-standing employee recently took FMLA leave to give birth, but her son has many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she herself is not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would our employee be entitled to unemployment compensation if we terminate her?
An employee may request FMLA leave after the decision has been made to terminate her but before finding out she’s about to lose her job. Employers that can prove they made the firing decision earlier won’t lose an FMLA failure-to-reinstate lawsuit.
Ten years of litigation has finally come to an end now that a federal appeals court has tossed the last claims of an employee who acted as her own lawyer.
Some employees mistakenly believe that if they take FMLA leave, they can’t be terminated. That’s not true. The FMLA regulations even allow employers to fire employees on FMLA leave before they return—if they can show the termination was unrelated to leave.
It may seem clear to you that an employee with a minor medical problem isn’t eligible for FMLA leave. But that doesn’t mean the employee won’t sue if you turn down her leave request. That’s why you must be prepared to explain your decision.
Q. One of our employees is expecting a baby and would like to count the time she spends at pregnancy-related doctor’s appointments as FMLA leave. Are we obligated to allow intermittent leave for doctor’s appointments?
The 11th Circuit has ruled for the first time on an important FMLA question, providing greater protection for employees who are not yet eligible for FMLA leave but who request leave that will start once they become eligible.
Here’s something to consider when you approve a disabled employee’s request for a reduced work schedule as a reasonable accommodation: You can count the hours not worked against her FMLA entitlement.
We all know new employees aren’t covered by the FMLA until they’ve worked the required 1,250 hours in the past 12 months. But one court recently ruled that pre-eligible employees may be protected in certain cases. Exactly what are they?