Think you can split your business into separate entities to avoid being covered by some laws like the FMLA—and maybe limit the amount employees can collect if they sue under Title VII? Think again. That won’t work if the entities retain a centralized management structure.
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.
Employees have to give 30 days’ notice before taking FMLA leave. That means some employees may ask for FMLA leave before they are actually eligible. For example, an employee may request time off for a serious health condition when he still has a few hours more to work before hitting the one-year or 1,250-hour milestone. Employers can’t deny the request merely because it was made before the employee became eligible.
Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.
Employees who take FMLA leave are usually eligible for reinstatement, but not always. If you were going to eliminate the position anyway, the employee may be out of luck. Before you deny reinstatement, be sure you can clearly show that the position was cut for reasons completely unrelated to the employee’s FMLA leave.
If there’s no use-it-or-lose-it policy in place, employees can easily stockpile weeks of vacation or personal leave. Should they become ill, they may try to use that time as a substitute for FMLA leave. If an employee asks you to approve an especially long vacation, and you suspect the underlying reason may be a covered condition under the FMLA, beware automatically rejecting the request.
To be eligible for FMLA leave, employees have to show more than that they suffer from a serious health condition. They must also show that they can’t perform at least one essential job function because they have that condition or are undergoing treatment for it. For employers, that means it’s necessary to compare the employee’s certification and his job description.