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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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In today’s economic climate, you may be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to “catch up or else.”

Q. In accordance with the FMLA, we provide up to 12 weeks of job-protected leave to eligible employees for a qualified reason. Leave under the FMLA is unpaid. However, may we require employees to concurrently exhaust any earned but unused vacation time that they may have accumulated?

One side effect of the recession: Cash-strapped employees are eating more processed and fast foods and exercising less, studies show. All the more reason for employers to maintain or even expand funding for employee wellness programs. As your organization watches every dollar it spends on benefits, consider the latest research on what’s working when it comes to employer wellness programs.

Your employee handbook can be a helpful reference providing needed information, or it can turn into a weapon that employees and their attorneys can use against you in court. The choice is yours. Follow these four steps to make sure your handbook works for you, not against you.

One of the four permissible ways for an employer to calculate employees’ 12-week FMLA leave entitlement is to use a 12-month period measured backward from the date an employee uses any FMLA leave. For employers, this rolling 12-month period is the most administratively burdensome—and also the most advantageous.

Plenty of organizations offer flexible schedules, allow telework and let parents slip out early once in a while to catch a child’s soccer game. But in many workplaces, those benefits are perks that only managers and white-collar workers enjoy. Yet several studies show that when low-wage employees have some flexibility in their hours, teamwork improves and unscheduled absences abate. If your organization’s lower-wage employees are candidates for flex, consider these eight strategies.

Employees who take FMLA leave are entitled to come back to their old jobs or an equivalent one and receive the same pay and benefits as before. That includes any supplemental duties and any extra pay associated with those duties.

Most lawsuits are not triggered by great injustices. Instead, simple management mistakes and perceived slights start the snowball of discontent rolling downhill toward the courtroom. Here are 6 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense:

Supervisors need regular reminders—reinforced with training—that it’s their responsibility to find ways to deal with it when workers go on FMLA leave, no matter how difficult it may be to cover for the absent employee. As the following case shows, courts have no sympathy for employers that fire or make unreasonable demands on employees who exercise their FMLA rights.

Q. Last month we reinstated an employee who was on military leave for six months. It’s the same position, with the same pay he received before he went on military leave. Effective Jan. 1, 2010, all employees in his department received a 4% pay raise in recognition for their hard work in 2009. Does the law require us to pay him at this increased rate?

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