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. One of our employees has a sick parent who lives in another country. She wants FMLA leave to care for the parent. Is FMLA available under the circumstances? And how would I verify the authenticity of a foreign medical certification?

Many part-time employees don’t qualify for FMLA leave because they haven’t worked at least 1,250 hours during the 12-month period immediately preceding the leave. But now some hourly employees and their attorneys are trying a new approach: They’re claiming that employers failed to count so-called off-the-clock work toward FMLA eligibility.

An employee’s request to take FMLA leave can be frustrating for supervisors who have to manage schedules and projects. But if bosses voice those concerns in a way that seems angry or annoyed, they may be creating the perfect storm for an FMLA interference lawsuit.

Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.

Be careful how supervisors treat employees returning from FMLA leave. Otherwise you could face an interference or retaliation lawsuit. Bosses must treat a returning employee the same way she was treated before she went out on leave. Any sudden, increased scrutiny spells trouble.

Supervisors and managers who work for private employers have long been held personally liable for FMLA violations in which they participate. Now supervisors and managers who work for government agencies are also liable.
Many employers use a point system to punish absenteeism, firing employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.
Q. An employee recently requested a leave of absence because her husband left for Afghanistan. We denied her request. Now, I’m worried that we may have acted wrongly. Did we?
Q. Is there any help you can provide on how we should obtain medical information from employees taking FMLA leave?
Q. We have an employee returning from a leave taken under the federal FMLA and the California Family Rights Act. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job ... Can we send him to another physician for a second fitness-for-duty examination?
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