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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Good news for employers: The 11th Circuit Court of Appeals has ruled that an employee can’t wait until losing one lawsuit to file another one based on the same events, even if the second lawsuit involves a different law. Employees have to file related claims together.

When an employee asks for and is granted FMLA leave, absences that occur during the approved leave can’t be held against him. That includes days when he might be able to work but, according to doctors, shouldn’t do so. According to a Texas court, that means employers can’t retroactively assess absenteeism points during FMLA leave.

Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) system. Under a PTO plan, how should we handle it when an employee resigns or is terminated?

Employees and employers alike have embraced San Francisco’s generous paid sick leave law, according to a new survey by the nonprofit Institute for Women’s Policy Research. The law, enacted in 2007 after being approved by San Francisco voters, requires employers to credit workers with one hour of paid sick leave for every 30 hours they work.

Guess which of your employees are among the most likely to file a discrimination complaint, request ADA accommodations or ask for FMLA leave. Those who know they’re in trouble at work. They think that by doing so, they’ll make you think twice before discharging them. If that doesn’t keep you from firing them, guess what happens next.

It’s one of the HR profession’s hard truths: You never know which applicant may sue you if he or she isn’t hired. That means you must be ready to defend every hiring decision. The best way is to have a clear routine that everyone involved in the hiring process must use.

If an employee loses a case in state court and then doesn’t appeal, he can’t just march into federal court.
Although they’re welcome to be more generous, employers are only obligated to provide six weeks of leave under the Minnesota Parental Leave Act
Employees who are terminated often look for some underlying, illegal reason and sue. Smart employers focus on documenting clear rule violations that justify termination decisions.
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