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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If you’re deciding whether to fire an employee for attendance problems (under a no-fault attendance policy, for example), you must make sure you aren’t counting FMLA leave against her. However, all is not lost if you accidentally add in an FMLA absence—as long as you can show you still would have fired the employee because of other attendance problems.

Employees have to work at least 1,250 hours in a year to qualify for FMLA leave. They also must have been employed for a total of one year. Thus, while many part-time employees may qualify for FMLA leave, others won’t because they haven’t met those thresholds. But now some hourly employees and their attorneys are trying a new approach.

Here’s a new Florida case you should be aware of. A federal district court judge has allowed an FMLA interference case to go forward based on an employee’s testimony that she was absent due to a serious health condition when her employer terminated her.
The Obama administration DOL has already implemented some FMLA regulatory changes, and a new study indicates that more changes may be on the way.
Q. I am a small employer with a group medical plan. If an employee takes an approved unpaid leave of absence, am I required to continue my premium subsidy during the unpaid leave? We have 22 employees and aren’t required to comply with FMLA.
Last year’s FMLA regulations gave employers new powers to demand notification from employees. But while you can now hold employees to your “usual and customary” notice procedures when they’re notifying you of unexpected FMLA leave, you must allow some flexibility for emergency circumstances.
You’ve had it up to here. Now it’s time to fire a poor performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …
THE LAW: The FMLA allows eligible employees to take up to 12 weeks of unpaid leave annually to recover from a serious health condition or to care for an immediate family member with a serious health condition. To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious [...]
If you're responsible for approving time sheets or signing off on alterations to the hours reported by employees, take note: It's not just your organization that risks a big fine and costly litigation. Your personal assets are also at risk, as a new court ruling shows.
The U.S. Department of Labor has announced it plans to study how employees use leave under the FMLA, a move that may signal that more regulatory changes are on the way.
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