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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Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.
Disabled employees who return to work before fully healed may be eligible for light-duty positions or other modifications as reasonable accommodations. However, employers that allow leave until the employee is fully healed don’t have that obligation.
Q. We have an employee who has been out with a work-related back injury for more than six months. We have not received any indication from her doctor about when she will be able to return. Must we keep her on workers’ compensation leave status indefinitely? Do we have to indefinitely hold open her job?

It may be a reasonable accommodation to grant additional time off after a disabled employee has used up her FMLA entitlement and other leave. But what if the disabled employee wants a gradual return to work, easing back in by working part time?

Some managers don’t think mothers-to-be are serious about their work. That attitude can spell trouble for an employee’s future opportunities in subtle ways. Don’t let it happen.
Employees with chronic conditions may need time off, but can’t always plan those absences in advance. And that may mean understaffed positions on short notice. That’s unfortunate, but it’s something a good manager must work around—and something HR should monitor.
In a bizarre legal twist, the 5th Cir­­cuit Court of Appeals has ruled that a supervisor who was sued over his decision to terminate an employee for taking FMLA leave may be personally liable for terminating her—despite the fact that the public employer may be immune to an FMLA lawsuit.

Sometimes, simple medical procedures turn out to be not so simple after all. A few days off for outpatient surgery may morph into a lengthy FMLA leave and render the employee disabled. Don’t jump the gun and terminate the employee without considering whether he’s now entitled to FMLA leave and reasonable accommodations.

You don’t have to take an em­­ployee’s word for his need for FMLA leave. In fact, it’s a good practice to always require a certification. Just make sure you understand the rules.
Before approving an employee’s request to telecommute from her home in a different state, consider that you may have to follow a different set of employment laws. If she ends up suing your company, she may do so in the state where she performed her work.
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