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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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Sometimes, employees with serious medical conditions need more than 12 weeks of FMLA leave to fully re­­cover. Employers that choose to provide more leave or determine that it would be a reasonable accommodation to do so can extend the time off. But the employee loses some rights in the move.

Q. When HR receives an employee’s completed FMLA certification form, does the employee’s supervisor have the right to see the form and know the medical reason for the FMLA leave? 
Always count military leave as time worked. Simply pretend the worker is present and earning leave and other benefits. That principle applies to both your attendance policies and your FMLA practices.
The Labor Department's proposed rule would affect employees nationwide.
Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?
Although there’s no federal requirement to offer time off after the death of a loved one, many businesses do it anyway. Before long, however, those voluntary policies could become law.

Before approving FMLA leave, an employer can require medical certification of the need for leave. But when it’s time for the employee to return from leave, employers can’t demand additional evaluations beyond the certification a doctor supplies showing the employee is ready to resume work. But what if the employer worries that the employee really can’t perform her job?

Q. An abusive boyfriend sent nude photos of one of our employees to other employees. We’ve deleted everything from our server and blocked his email. But now we have complaints from other employees that we should have fired the employee. We did not. In fact, we let her take FMLA leave due to the depression she suffered. How should we handle these co-worker complaints?

When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave. But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.
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