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.

Page 39 of 220« First...102030383940506070...Last »
When you grant an employee FMLA leave to care for a sick relative, do you wonder what type of “care” they must really be giving to qualify for time off under the FMLA? A new court ruling defines care as being in physical proximity to the relative. Cutting a lawn in a different time zone doesn’t cut it …

Eligible employees can take up to 12 weeks of unpaid FMLA leave to care for a seriously ill son or daughter. That’s true for young children, of course, but also for those older than 18 who are “incapable of self-care because of a mental or physical disability.” Don’t split hairs on this.

Some employees assume that they’ll automatically return to their old positions after taking FMLA and other leave. That’s not necessarily true. Employers are required to guarantee return only if the employee comes back before her 12 weeks of FMLA leave expire.
Some employees need FMLA leave to cope with work stress. But that doesn’t mean that employers can’t punish someone who makes threats.

It’s expensive to cover an absent employee’s health insurance premiums when he is on FMLA leave—especially if he has family coverage. How­­ever, the law requires employers to do so. What happens if the employee doesn’t return? In some cases, em­­ployers can demand reimbursement for the premiums it paid. That’s true except if the employee doesn’t come back because he or she is still sick or has to continue to care for a sick relative.

Employees who want FMLA leave for their own illness need a certification from a health care provider. It should document a serious condition, briefly explaining the diagnosis and treatment. Employers that doubt the certification is accurate or want to challenge whether the condition really can seek a second opinion from another health care provider, paid for by the company.

Disabled employees or those who need FMLA leave aren’t immune from following work rules. But think carefully before you punish them. It is possible to terminate an employee who has announced he needs time off or an accommodation. How­ever, you must have a legitimate rea­son—and you must be able to demonstrate that the company acted in good faith.

It’s often quite obvious when an em­­ployee is having personal problems that she needs to resolve. But employers have to treat such an employee carefully to avoid a possible ADA regarded-as-disabled lawsuit. The key is patience and focusing on workplace performance issues rather than any suspected disability.

To avoid needless litigation, make sure someone else sits in on termination meetings.

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court ...

Page 39 of 220« First...102030383940506070...Last »