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.

Page 58 of 218« First...102030575859607080...Last »
A federal court has refused to expand the FMLA, rejecting an employee’s attempt to force automatic FMLA leave for a serious health condition allegedly caused by her employer.
Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

 

Employers sometimes mistakenly focus only on the FMLA provision that defines a serious health condition as one that incapacitates an employee for three calendar days or more. Don’t focus solely on illnesses of three days’ duration. If the employee has a brief flare-up of an underlying condition that has been treated in the past, he may be eligible for FMLA leave.

Employees don’t have much time to file ADA or NJLAD disability discrimination claims with the appropriate agency. For failure-to-accommodate claims, the clock starts ticking when the employer ends the interactive reasonable accommodations process. That’s why employers must nail down that date and tell the employee.

Q. On the U.S. Department of Labor’s Form WH-381 “Employer’s Response to Employee,” there is a line that asks whether the worker is a “key employee” as described in the FMLA regulations. I always check the box indicating that the worker is a key employee. How should I mark these boxes? I consider most of our workers key employees, and I do not want to offend anyone by suggesting that they are not.

Employees are protected against retaliation for taking FMLA leave. Disciplining an employee who has just returned from such leave is risky, especially if you can’t point to anything truly objective as the reason. Attributing a “poor attitude” to returning employees is a bad idea unless you can provide specific examples of actual work deficiencies.

Federal courts often use the well-known McDonnell Douglas burden-shifting test to determine whether an employer has unlawfully discriminated against an employee. Now the 7th Circuit Court of Appeals has ruled that when it considers an Illinois workers’ compensation retaliation claim, it must apply an Illinois state law rule that is more demanding for employees than the McDonnell Douglas test.

Q. We have an employee returning from FMLA leave. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long ... Can we send him to another physician for a second fitness-for-duty examination?
Q. How does the recent amendment to the Illinois Family Military Leave Act affect employers?
Some workers decide to provide notice that they’ll need FMLA leave long before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.
Page 58 of 218« First...102030575859607080...Last »