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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Employees have to work at least 1,250 hours in the preceding year to be eligible for FMLA leave. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the FMLA.

Before you approve or reject an employee’s FMLA request, the law allows you to request a medical certification from the employee. That certification must have some specific things.

Being terminated for taking job-protected leave was the No. 1 reason employees filed FMLA-related complaints with the U.S. Department of Labor last year. What were their others?
It may be natural for supervisors to be upset when one of their key employees goes out on workers’ compensation or FMLA leave, but make sure managers know not to lash out.

Some supervisors hesitate to discipline employees who have asked for FMLA leave or seem likely to need it soon. Reassure them that they can and should discipline those who break company rules or perform poorly, even if they are ill or may need FMLA leave. The key is to focus on behavior.

Some supervisors may be tougher than others and some employees may not get along with a particular supervisor. It may be a matter of workplace philosophy or even personality conflict. And the employee may genuinely be so stressed and anxious that she needs medical or psychological treatment. But that does not mean that she can demand transfer to a different supervisor as a reasonable accommodation, a California court has ruled.
Q. We have operations in South Dakota, and one of our employees there has requested FMLA leave to care for his same-sex spouse for an FMLA-qualified reason. The couple was married in Minnesota, but South Dakota does not recognize same-sex marriage. Should we grant the FMLA leave request?
The U.S. Department of Labor has modified its FMLA forms to include employer safe harbor language required under the Genetic Information Nondiscrimination Act.
Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.
The Penn State Hershey Medical Center has agreed to settle a lawsuit alleging that a cancer surgeon was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.
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