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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Is the FMLA poster in your break room up-to-date? If it’s not, courts could wonder if you’re serious about upholding employees’ right to take FMLA leave, as the following case shows.
Q. Our company has employees stationed in locations outside the United States. A situation recently occurred that raised the question of whether U.S. employment laws apply to employees of American companies working outside the United States. Do they?

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?
Q. An employee took time off to be with her husband who had a heart attack. We only have 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of sick and vacation time. Can the company keep her from taking paid time off to care for her husband?

If you don’t have accurate and up-to-date job descriptions, you’re probably courting trouble—especially if an employee develops a disability and wants a reasonable accommodation. That’s because what an employee considers a job’s essential functions may not jibe with your assessment.

It’s not always easy to accommodate disabled employees. You want to follow the law, but you also want to make sure that the employee isn’t a danger to herself or others if she has a serious condition like epilepsy. But it is possible to handle these tricky situations right—as the employer did in this case.

Some employers are especially generous when it comes to allowing employees time off for illness and other needs. Some even pay employees during their leave and allow them to use accumulated leave that extends far beyond 12 weeks. But that doesn’t mean they shouldn’t also tell employees about their FMLA rights.
New Jersey employees will be making smaller contributions to the state’s family leave fund this year than they did in 2010. Last year, workers paid 0.12% of their wages until they reached the maximum amount of $35.64 per year. For this year, the rate is 0.06%, with an annual cap of $17.76.
Employees who are guilty of misconduct aren’t eligible for unemployment compensation in Florida. That means if they’re fired for missing a lot of work, habitually arriving late or leaving early, they can be denied unemployment benefits.