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 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?

Some employees think they’re entitled to FMLA leave for every sickness and family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones.

If your employee handbook hasn’t been updated in the past six months, it’s out of date. Because employment laws and your business are in a constant state of flux, it’s critical to keep your personnel policies up-to-date. In light of recent legal changes, be sure your policies include these updates:

When asked to provide FMLA certification of their serious health condition from a health care provider, some employees may realize they can’t. One answer? Fake it. What’s an employer to do? There are several approaches you can take.

Because absenteeism typically comes under the "minor problem" category, the first step is a precounseling session between the individual and his supervisor. In this session the supervisor determines if the employee understands the company's policy on absences. The positive discipline approach then consists of the following stages:

Sure, a birthday party may lift your spirits. But Congress probably didn’t have party attendance in mind as “covered treatment” when it gave employees the right to take FMLA medical leave. Still, should you instantly fire a worker for attending a party while on FMLA leave?

When employees lose their jobs, they often look for a reason to sue. One common tactic is to argue that a layoff was used as an excuse to get rid of “unproductive” employees, especially those who take advantage of their right to FMLA leave. That’s why HR must develop a performance-appraisal system that documents that having taken FMLA leave wasn’t a factor when you evaluated employees’ work.

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