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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Employers that have call-in procedures for absences can require employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.
Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides on discipline, hiring and other issues—or else face the consequences.

A federal court has concluded that Texas state employees who take FMLA leave for their own serious health conditions can’t later sue their state agency over that leave. That’s because Texas has sovereign immunity from such claims.

The FMLA doesn’t prohibit employers from calling an employee occasionally to ask questions about work-related matters. On the other hand, forcing someone to work from home while on leave may qualify as interference with FMLA leave. Sometimes, however, employees insist on working even while they’re on leave. That puts employers in a tricky predicament.

Want to weigh in on the proposed regulations that would extend FMLA protections to same-sex spouses regardless of where they live? The Department of Labor is now accepting public comments.
Q. Do employers have to request an official certification form for all FMLA situations, or can a physician’s note be enough for an employer to designate FMLA?
It’s up to employees to decide how much they want to divulge to co-workers about their FMLA leave. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.

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? 
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