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. I’m under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we’re not obligated to let employees accrue vacation leave during their FMLA leave. Am I right?
Just because someone has a serious health condition that qualifies for FMLA leave, it doesn’t always mean the condition is a disability. And merely approving someone’s FMLA request isn’t the same as admitting the employee is disabled.
Sometimes, you have no choice but to contact an employee during FMLA leave—for example, if someone can’t find a file or needs a password to access records. But don’t let supervisors make unreasonable demands or insist that the employee actually work.
When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.

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.
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.
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