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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Q. We have a new administrative employee in our medical office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is a shambles. Can I put her on written warning for excessive absences? Can I terminate her?

You can terminate employees who are unable to return to their jobs after their FMLA leave has expired. Just make sure you’re consistent. If you apply the same termination rule to all employees—regardless of race, age, sex or membership in any other protected category—you won’t have to worry about lawsuits.

Q. Can we terminate an employee who has exhausted his FMLA leave but needs additional time off to care for his serious health condition? Or must we provide additional leave?

Thanks to a recent 11th Circuit Court of Appeals decision, it’s now clear that Florida employers can terminate employees who have FMLA leave coming—if they can prove they would have terminated the employee anyway. To prove that, you must be able to produce solid documentation showing that you were indeed going to terminate the employee whether or not she asked for FMLA leave.

Some employees think getting a prescription is enough to claim FMLA leave. Fortunately, that is not true. Otherwise, every employee would be entitled to time off just because they took a prescription drug.
Every type of employee leave is different. Some leave requests involve difficult personal issues, while others can cause workplace morale problems. Plus, every state has different leave laws. What's worse, the costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. What's the best way to combat the problem?

Don’t be surprised if the new college grads who interview for jobs with your organization this summer tell you they’re looking for an employer that gives back to the community. Employee volunteer programs are morphing from a “nice-to-have” benefit to an expectation among employees and recruits—and it’s happening quickly. Here are five tips for starting a volunteer program:

One side effect of the recession: Cash-strapped employees are eating more fast food, exercising less and ignoring their health, studies show. All the more reason to refocus your wellness efforts. Nine lessons from recent studies:

One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. FMLA is a “protected” leave for a reason. A good idea: Have someone neutral from HR deliver the news that the employee is being let go.

Goldman Sachs is getting sued a lot these days … and not just by the SEC. Charlotte Hanna claims the embattled investment bank marginalized her after she had two children, effectively barring her from returning to full-time work as a vice president. In a lawsuit charging violations of the Pregnancy Discrimination Act and the FMLA, Hanna says taking the bank’s offer of an “off ramp” for executives who wanted to have children derailed her career.

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