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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Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claims pregnancy discrimination and FMLA interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.
It’s certainly possible to terminate an employee who returns from FMLA leave—if you have good reasons un­­related to the FMLA.

Before you enter into official files your handwritten notes on conversations, recollections or thoughts about an HR decision, consider how your words might be interpreted. Best practice: Draft a memo that summarizes and fleshes out your notes—and that makes your ideas perfectly clear. Then toss out the original notes.

Hey, it happens: Sometimes, employers mess up. But they can undo much of the damage by acting fast to fix mistakes. Take this case, in which a termination letter was sent by mistake while the disciplinary process was still under way. A quick explanation and retraction saved the day.

A federal trial court has ruled that FMLA-ineligible employees can sue if an employer erroneously told them they were eligible for leave and they relied on that information to their detriment.
The FMLA says employers can run out the FMLA clock by counting paid time off against an employee's 12-week leave entitlement. Make sure employees understand how that works. That way, employees won’t run out of leave and lose their jobs because they didn’t realize the FMLA clock was ticking.

Most lawsuits are not triggered by great injustices. Instead, simple management mistakes and perceived slights start the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court.

Employees can’t be deprived of FMLA leave as long as they meet the law’s requirements for length of employment and hours worked and must deal with their own or a family member’s serious health condition. After FMLA leave has been approved, it’s a huge mistake to question employees about how they use their leave. Essentially, doing so may be interpreted as interference with the right to take leave.

FMLA regulations give employers several options for calculating how much leave employees are entitled to at any given time. Which method should your organization select? That depends on how much record-keeping you want to do.
You’ve told managers before, now tell ’em again: Email may seem like private communication, but it really isn’t. Anything a manager says in an email may become evidence in a lawsuit.
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