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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The U.S. Department of Transportation has proposed new drug-screening procedures for employees who operate vehicles as part of their work. Some of the covered jobs: airline pilot, train engineer, mechanic and anyone with a commercial driver’s license. Private employers that test other workers should consider adopting the standard.
Lots of employers have no-fault attendance policies, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits. No-fault policies are fine—as long as they don’t penalize workers for taking FMLA time off.
You have heard all the general advice and theories about getting “a seat at the table.” But what does it take to jump the fence from your administrative role and be seen as a true leader in the company? The HR Specialist newsletter posed the following question to three of the leading HR thought leaders in America today: “What makes an HR professional an indispensable leader in an organization?” Their answers pointed to the following 5 actions:
The new Family and Medical Leave Act regulations, which took effect Jan. 16, 2009, required employers to make changes to their FMLA policies, procedures and documentation. Unfortunately, these new regulations have not lessened the complexities of the FMLA as some had originally hoped.

When employees take intermittent FMLA leave, it often causes logistical problems for employers. It’s hard to find someone to fill in during just those times when the employee is off. One solution is to find another position for the employee who’s taking intermittent leave. That way, another employee can temporarily fill her old position on a full-time basis.

Q. An ex-employee who we fired just filed an FMLA lawsuit against us. In addition to our company, he also named as co-defendants the HR, benefits and plant managers, along with me, the president and CEO. We believe the employee was legally terminated. Is there any risk in having our corporate attorney represent all of the defendants in the lawsuit?

Western CEOs could learn a thing or two from their Indian counterparts, say the authors of new research on the difference between Indian and Western bosses. Among the most salient lessons: Lead with a sense of social purpose; invest in employees; act as a role model.

The Pregnancy Discrimination Act doesn’t guarantee pregnant employees any special treatment in the workplace. It simply says you must treat them “the same as any other temporarily disabled employee.” If your organization doesn’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

The FMLA provides protected leave for employees who meet the law’s eligibility requirements. That protection includes the right to reinstatement to the same or an equivalent position when the employee is ready to return to work. But that right has limits. Employers are entirely within their rights to continue any disciplinary action they began before the employee went out on leave.

If you terminate employees who have used up all their FMLA leave and still can’t come back to work, watch out! Make sure you don’t single out any particular class of employees for firing.
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