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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Make this your New Year’s resolution: Go through your employee handbook to make sure all the information is accurate and up-to-date, reflects how your organization really does business and fully complies with the law. It’s important to regularly review and revise employee handbooks because having an out-of-date handbook may be more dangerous than not having one at all.

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.

Employees don’t have much time to file ADA or NJLAD disability discrimination claims with the appropriate agency. For failure-to-accommodate claims, the clock starts ticking when the employer ends the interactive reasonable accommodations process. That’s why employers must nail down that date and tell the employee.

Employees are protected against retaliation for taking FMLA leave. Disciplining an employee who has just returned from such leave is risky, especially if you can’t point to anything truly objective as the reason. Attributing a “poor attitude” to returning employees is a bad idea unless you can provide specific examples of actual work deficiencies.

Q. We have an employee returning from FMLA leave. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long ... Can we send him to another physician for a second fitness-for-duty examination?
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.
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.
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