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.
By now, you are probably familiar with the idea your FMLA obligations are triggered when employees provide enough information for you to reasonably understand that they might need FMLA leave. They don’t need to say any “magic words.” It’s the same with requests for reasonable accommodations under the ADA.
It’s a perennial puzzle: How should employers handle it when an employee has an FMLA-covered serious health condition that is also an ADA disability? Answer: Consider FMLA leave the minimum amount of unpaid leave the employee can take.
When an employee finishes FMLA leave, she is entitled to return to the same or an equivalent job. The reinstatement provision gives employees some flexibility. However, it’s a mistake to think it’s OK to return the employee to any old job.
Q. Are we required to put up a new FMLA poster? Did the DOL recently make other FMLA changes we need to know about?
Many employers are seeing a surge in requests for intermittent leave when an employee has a parent or child who needs help getting to medical appointments or undergoing treatments. Before you approve a request for such intermittent leave, make sure you are satisfied with the medical certification.
Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.
Do you automatically terminate employees who aren’t ready to return to work after using up all available FMLA and short-term disability leave? If so, you may be asking for an ADA refusal-to-accommodate lawsuit. The better approach: Determine if reasonable accommodations might help the employee return to work despite lingering problems.
Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.
Q. The minor child of one of our employees has a disability. She was approved to be his personal care attendant and requested FMLA leave to see if she would like to do this as a job going forward ... I know FMLA is available to care for a child, but can she use FMLA as a way of trying out a new job?
The U.S. Department of Labor has issued final regulations expanding the FMLA’s caregiver and military exigency leave provisions to include more employees and cover veterans. The new regs formalize amendments included in 2010 defense spending legislation.