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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Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.

Even though the economic climate remains tenuous, most employers will continue to offer the same number of paid holidays to employees in 2011 as in past years, says a new Society for Human Resource Management (SHRM) survey. Here is the breakdown of each holiday ...

While employee handbooks are not required by law, they can prove essential — especially for small business owners that can't afford to lose a harassment or discrimination lawsuit. The employee handbook has become an essential tool in the employer’s arsenal to defend against liability for employment decisions.

Some employees don’t like being told they have to put in OT, especially if they have medical conditions that make it difficult to work extended hours. However, you are within your rights to insist on overtime. Employees with a serious health condition that precludes working extra hours may have to go on intermittent FMLA leave.
Some workers decide to provide notice that they’ll need FMLA leave long before they’re even eligible for coverage. When you get such a request, don’t reject it out-of-hand.

Especially in a lousy economy, fired employees will look for a reason to sue. You must be able to defend every discharge against possible discrimination and retaliation claims. The only safe approach is to document that you treated every employee equally. You simply can’t cut slack for one employee and not another.

You no doubt know you should act fast to investigate when employees complain about discrimination. But that doesn’t mean you need to rush to complete your inquiry in just one day.
Some employers cut more slack than the FMLA requires when employees fail to give timely notice that they want to take FMLA leave. The company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work. If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave.
A federal court has refused to expand the FMLA, rejecting an employee’s attempt to force automatic FMLA leave for a serious health condition allegedly caused by her employer.
Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

 

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