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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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.
Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!

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.
There’s a way to make it easier to get severance agreements for older workers to stick. Instead of a general severance agreement for most employees, and a special ADEA-compliant one for older workers, use a uniform agreement that complies with the ADEA for all severance agreements. That’s what one employer recently did. When the former employee who signed the agreement tried to get out of it, the court refused.
After an employee returns from FMLA leave, seemingly minor changes to his job can spell trouble. That’s especially true if the employee can show that a supervisor’s attitude toward him changed at that time.

It can be tempting to ignore an employee who is impossible to reason with. That’s a bad idea, especially if any of his infuriating behavior involves a request for FMLA leave. If you ignore your obligations, you’ll probably end up in court.

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