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.
Q. What are the employer’s rights in contacting employees during their FMLA leave? Can we ask how they are doing? Can we expect they will stay at home recuperating in accordance with the doctor’s direction?
Employers are free to run FMLA leave concurrently with other paid leave. Just make sure you tell employees exactly how you are accounting for their FMLA leave.
Under the ADA, disabled employees may be entitled to disability leave beyond what’s available through the FMLA and other accrued leave like vacation and personal time. However, they may not be entitled to reinstatement to their prior position.
Beverly was the sole caregiver for her mother, who was diagnosed with end-stage heart failure. A charitable group for terminally ill people gave her mother a six-day trip to Las Vegas. Beverly requested FMLA leave to join her mom, but her employer said “no.” Beverly went anyway, and then was terminated for unauthorized absences. She sued, saying that trip should be eligible for FMLA leave ...
Some Texas employers try to discourage employees from taking workers’ compensation leave when they suffer an injury. Instead, they encourage employees to use FMLA and accrued vacation and other leave. Always make sure employees volunteer to make that choice.
A New York employer has learned the hard way that it shouldn’t make assumptions about mothers in the workplace—and certainly shouldn’t actively try to predict who may become pregnant and miss work.
The Houston-based Houston Ear, Nose & Throat Clinic will pay a former employee $17,390 after it failed to reinstate her to an equivalent position following FMLA leave.
Q. One of our truck drivers just had a bypass operation and now has a defibrillator, which means, according to the DOT, he can no longer drive a truck. Do we still need to give this driver 12 weeks of FMLA time since he will never be able to return to work?
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But what should you do if you have made accommodations and they don’t seem to be working?
Don’t worry that you can’t discipline disabled workers—if you can show that you punish all employees equally for breaking the same rule. An employee’s disability is irrelevant as long as you don’t cut slack for other employees while punishing the disabled worker.