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. An exempt employee recently requested intermittent leave under the FMLA ... FMLA leave at our company is unpaid. Can we deduct from the employee’s salary for absences of less than a day and still classify her as exempt? If so, how do we calculate how much FMLA time the employee is using?
When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.
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.
Does your call-in policy demand that employees contact their supervisors daily when they’re out sick? If so, can you still require that of employees who are out on FMLA leave? Here’s what a ruling last week said …
Suppose an employee tells you she needs to take a leave of absence due to an illness. Such leave could be covered under the FMLA. Her absence may cause you scheduling problems and extra work. That may be frustrating, but do your best not to show any emotion. Here's why.
It’s expensive to train employees, especially if the content is highly specialized. Smart employers protect their investments by getting employees to agree to repay training costs if they leave soon after receiving the valuable benefit. Just don’t mess with the employee’s final paycheck.
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