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.
Here’s some advice that can save you money you might otherwise have spent defending an FMLA lawsuit: If an employee has accrued enough absences under your attendance policy to warrant termination or is coming close, make sure you haven’t counted any missed work that should have been covered by the FMLA.
Employees who have a pending request for FMLA leave and are just waiting for their doctor to provide the required medical certification must still follow call-in rules. Have a clear policy in place so employees understand what is expected before, during and after their FMLA leave request.
Q. An employee has been out on leave and has now run out of FMLA leave. It’s unclear when she will return. Can we terminate her employment?
Q. We have 75 employees at our one facility. An employee recently took two months off for a serious operation. We did not classify this as FMLA leave, but now we think we should have. What can we do?
Qualified employees who take FMLA leave for their own serious health conditions are entitled to return to their old jobs or equivalent ones once their leave is over. But that’s only true if they are fully healed and able to do their jobs.
Here’s a warning to pass on to everyone involved in the hiring process: If the most qualified applicant for an open position happens to be a former employee who used FMLA leave in the past, you can’t use that leave as an excuse not to rehire him. That’s retaliation under the FMLA.
Employers can’t fire an employee who is about to reach the threshold for FMLA eligibility if the employee has other accrued leave available to bridge her to FMLA eligibility.
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.
What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.
Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.