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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Q. What can an employer do to make sure employees are not abusing intermittent FMLA leave?
In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

It’s expensive to train employees, especially if the job is highly specialized. Smart employers protect their investments by having new employees sign an agreement to repay training costs if they leave soon after receiving the valuable benefit. Here’s how to recoup those costs.

The latest FMLA regulations give employers new powers to demand notification from employees. But while you can now hold employees to your “usual and customary” notice procedures when they’re notifying you of unexpected FMLA leave, you must allow some flexibility for emergency circumstances. The question is, how much?
The EEOC has issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA), clarifying employer compliance issues and offering model language to help employees understand their rights under the law.
Join The HR Specialist in celebrating the second annual “HR Professionals Week,” a five-day tribute to all that human resources pros do to make American workplaces more effective and American businesses more successful. It happens Monday, Feb. 28–Friday, March 4.
Proclaiming “there’s a new sheriff in town,” U.S. Department of Labor Secretary Hilda Solis last year launched a series of new enforcement efforts aimed at employers. Last month the DOL unveiled a first-of-its-kind attorney-referral partnership with the American Bar Association.
The key to complying with the FLSA lies in accurate record-keeping. How you track hours is largely up to you, but you must beware several factors that can compromise wage-and-hour compliance. Here are five key strategies to help make sure you stay on the right side of the law.

Generally, employers don’t need a reason to terminate an at-will employee. But that doesn’t mean you shouldn’t carefully document how, why and when you made the decision—even if you don’t plan to share the information with the employee. Documentation is especially crucial if you are terminating an employee who is returning from FMLA leave.

Don’t be afraid to terminate employees who have just returned from FMLA leave—as long as you have good reasons that are unrelated to the FMLA.
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