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.
Here’s good news for employers trying to manage FMLA leave and prevent abuse: If an employee’s FMLA certification form is incomplete or vague, you can deny leave as long as you gave him a chance to correct the deficiencies.
The U.S. Department of Labor last month released the Employee’s Guide to the FMLA, a 16-page booklet describing employee rights and duties under the law.
Q. One of our employees has apparently taken in his sister’s young child because his sister is undergoing cancer treatment. He wants to take FMLA leave to help the child adjust. Must we provide the leave?
Some new parents don’t want to come back to work full time after giving birth. They may prefer a part-time schedule, using intermittent FMLA leave. But you don’t have to allow intermittent leave following birth unless the infant suffers from a serious health condition.
If you suspect an employee is abusing your generous sick and disability leave benefits, consider cracking down on fraud. As long as you can document that you made a good-faith decision to punish leave abuse, a court won’t second-guess your actions.
Did an employee lie about an illness and abuse FMLA leave? As long as you honestly and in good faith believe the employee was dishonest, your disciplinary decision will hold up in court.
Employers that count FMLA-covered absences against employees are interfering with their FMLA rights. Before you make a final termination decision based on poor attendance, make absolutely sure that you have excluded all possible FMLA leave.
Q. What are the differences between FMLA leave, CFRA leave and PFL?
After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.