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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Some employees believe all they have to do to invoke FMLA leave protection is to call in, say they’re “sick” and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Some employees believe all they have to do to invoke FMLA leave protection is call in sick and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Many employers don’t realize that they can still be sued for FMLA retaliation by a terrible employee that they fired for perfectly legitimate business reasons if there’s a possibility he was punished for requesting or taking FMLA leave.
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.
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.
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