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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Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

The former acting head of Franklin County’s emergency management agency has filed federal sex discrimination and hostile work environment charges against the county, alleging her working conditions were so severe she developed a serious health condition that required medical leave.
Q. One of our salaried employees is pregnant. She brought in a doctor’s note that says she can work only six hours per day. Can I either reduce her pay or have her work six days a week?
If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.
Q. Do we always have to allow intermittent FMLA leave for cancer treatments (e.g., chemo and radiation)? The employee is capable of working and says the treatments are available only during the day.
Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.
It’s more important than ever now for HR professionals to independently check supervisors’ disciplinary recommendations to ensure that they have no ulterior motives. That’s because the U.S. Supreme Court, in a much-anticipated “cat’s paw” ruling, said that an employer can be found liable for the discriminatory intent of supervisors who influence—but don’t ultimately make—an adverse employment decision.

Some employees with chronic health conditions believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel sick. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.

If your employee handbook has been gathering dust, now’s the time to update it. Start by doing a quick audit. Spend a half-hour today ensuring your handbook meets these six criteria.
Under the FMLA employers routinely ask an employee’s health care provider to complete a certification form justifying FMLA leave requests. That could create a GINA compliance problem, because the certification might reveal genetic information about the employee. There are obvious precautions that an employer should take to comply.
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