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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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? 
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?

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