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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Employers and disabled employees both have an obligation to act like adults when coming up with possible reasonable accommodations. Each side has to listen to the other and consider different viewpoints and potential accommodations. Neither party should walk away in a huff. Be smart: Carefully track the accommodations process.

Some employers mistakenly believe that fathers aren’t allowed to take time off before their child is born to deal with prenatal complications.

Terminated employees sometimes have to file for bankruptcy. Sometimes they sue former employers, too. In that case, they’re required to inform the bankruptcy court about their pending lawsuit. If you lose a lawsuit, have your attorney find out whether the former employee has filed for bankruptcy. You may find that you have a “get out of jail free” card.

Employees often have legitimate reasons for accusing their employers of retaliation. But sometimes, employees themselves retaliate against a company, either out of malice, or to head off being fired. That’s one reason it pays to try to anticipate employee misfeasance and guard against sabotage.

Employees may be absent from work for extended periods of time because of illness or injury. The U.S. Department of Labor’s Office of Disability Employment Policy recently released an online “Return to Work Toolkit” that serves as a one-stop portal to numerous free, online resources for employers and employees coping with return-to-work issues.

When deciding whether a person has a health condition that qualifies for FMLA leave, employers sometimes mistakenly focus only on the provision that defines “serious condition” as one that incapacitates an employee for three calendar days or more. They frequently overlook the part of the FMLA that adds any period of incapacity or treatment due to a chronic, serious health condition.

You expect workers to get to work on time. Sure, occasional problems with traffic or family issues sometimes make people late. But chronic tardiness is another thing altogether...
Q. One of our employees has a 16-year-old daughter who lives with her and is going to have a baby. The grandmother-to-be wants 12 weeks of FMLA leave to care for the daughter and bond with the grandchild. Is FMLA leave available for her? She says she will be co-parenting the infant. Is she basically in loco parentis to the baby and, therefore, eligible?
If you terminate an employee the day he comes back from FMLA leave, plan on getting sued. Timing alone can be enough for the court to let a jury decide the case. That’s true even if your past practices in similar cases don’t show any pattern of FMLA interference.
Employees can take job-protected FMLA leave for "serious health conditions." But take note: Cosmetic surgery only counts as a serious condition in very rare cases ...
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