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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Job interviews present a minefield of legal problems. One wrong question could spark a discrimination lawsuit. That's why you should never "wing it" during interviews. Instead, create a list of interview questions and make sure every question asks for job-related information that will help in the selection process. To avoid the appearance of discrimination during interviews, do not ask the following 25 questions:
Some employers mistakenly believe that women can't take FMLA intermittent leave when they become pregnant. That’s simply not true. Women may take intermittent leave for normal prenatal care and any “incapacity” during pregnancy.
Q. We have an employee who wants to take a chunk of paid time off. She is eligible for FMLA leave. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid FMLA leave later after her paid leave bank is exhausted. Can we just do this?
A federal court hearing an FMLA interference case has sidestepped deciding whether it is legal for an employer to place an employee on involuntary FMLA leave.

Do you have employees who take intermittent FMLA leave to deal with their own health conditions? If so, you might worry that they sometimes abuse that leave by calling in when their condition supposedly flares up, only to go to work at a second job. Here’s how to handle that situation:

When employers get sloppy and don’t document their decision-making proc­­esses, things can get dicey. Consider what happens when an employee experiences work stress and starts taking FMLA and other leave. In one recent case, the employer was smart enough to carefully track its efforts to both accommodate an employee and get her back to work.
Q. One of our employees missed several months of work last year because of a workers’ compensation qualifying injury. She has now requested leave under the FMLA. Do we have to grant this request for leave?
The FMLA says that employers can run out the FMLA clock by counting paid time off against the 12-week entitlement. Smart employers make sure that employees understand that’s how it works. That way, employees won’t run out of leave and lose their jobs because they didn’t realize the clock was ticking.

When it comes to reductions in force, employees on FMLA leave don’t have greater rights than those who haven’t taken FMLA leave. That means if an employer can show it would have chosen the FMLA leave-taker for termination even if she had been at work, there’s no FMLA violation. But employers that are sloppy about the RIF process may end up in court.

If you immediately fire employees who have used up their FMLA leave—without considering whether they may be disabled and need reasonable ADA accommodations—you may be making a big mistake. Instead, let the employee know you want to begin the interactive accommodations process right before FMLA leave runs out.

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