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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In a bizarre legal twist, the 5th Cir­­cuit Court of Appeals has ruled that a supervisor who was sued over his decision to terminate an employee for taking FMLA leave may be personally liable for terminating her—despite the fact that the public employer may be immune to an FMLA lawsuit.

Sometimes, simple medical procedures turn out to be not so simple after all. A few days off for outpatient surgery may morph into a lengthy FMLA leave and render the employee disabled. Don’t jump the gun and terminate the employee without considering whether he’s now entitled to FMLA leave and reasonable accommodations.

You don’t have to take an em­­ployee’s word for his need for FMLA leave. In fact, it’s a good practice to always require a certification. Just make sure you understand the rules.
Before approving an employee’s request to telecommute from her home in a different state, consider that you may have to follow a different set of employment laws. If she ends up suing your company, she may do so in the state where she performed her work.
If you’re ready to fire an employee for missing too much work, be sure to document the absences and pinpoint when you made the termination decision. Your records may come in handy if she sues and claims her leave was FMLA-protected.
Q. What are the employer’s rights in contacting employees during their FMLA leave? Can we ask how they are doing? Can we expect they will stay at home recuperating in accordance with the doctor’s direction?
Employers are free to run FMLA leave concurrently with other paid leave. Just make sure you tell employees exactly how you are accounting for their FMLA leave.
Under the ADA, disabled em­­ployees may be entitled to disability leave beyond what’s available through the FMLA and other accrued leave like vacation and personal time. However, they may not be entitled to reinstatement to their prior position.
Beverly was the sole caregiver for her mother, who was diagnosed with end-stage heart failure. A charitable group for terminally ill people gave her mother a six-day trip to Las Vegas. Beverly requested FMLA leave to join her mom, but her employer said “no.” Beverly went anyway, and then was terminated for unauthorized absences. She sued, saying that trip should be eligible for FMLA leave ...
Some Texas employers try to discourage employees from taking workers’ compensation leave when they suffer an injury. Instead, they encourage employees to use FMLA and accrued vacation and other leave. Always make sure employees volunteer to make that choice.
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