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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Sometimes, a new supervisor takes the opportunity to settle old scores with former co-workers. And that can create liability for the employer. So before the promotion kicks in, teach your newly minted managers that federal laws prohibit supervisors from retaliating against workers for everything from taking FMLA leave to filing a workers’ comp claim.
We’ve all tussled with sending employees to fitness-for-duty exams when returning from an injury or illness. When are they the right decision? When do they create liability? As this case shows, it’s best to let the doctor make the right call …
Does your call-in policy demand that employees contact their supervisor 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 said last week …

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.

Issue: Half of all HR professionals say they've approved FMLA requests that they believed weren't legitimate. Risk: Employees who "work" the system to earn ...
Train supervisors and managers on situations that could trigger the FMLA leave determination process. The best approach is to suggest they notify HR if an employee calls in sick and implies anything more than “I’m sick today.” If the employee provides any detail that makes it seem likely he or a family member is suffering from a serious health condition, he should be referred to HR to determine if he’s eligible for FMLA leave.

Today’s economic climate has caused employers to cut budgets and workforces—and expect workers to do more with less. As they see colleagues laid off and their employers cutting back, employees are more concerned than ever about their own job security. It makes sense for employers to address stress issues in their workforces, since increased stress affects not only employees, but employers’ bottom lines.

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.

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