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.
This will probably happen to you someday (if it hasn’t already): An employee in the middle of being disciplined suddenly says he’s ill and has to leave work. Then, after being terminated, he claims you interfered with his right to take FMLA leave. Don’t fall for it.
The U.S. Department of Labor (DOL) is stepping up efforts to encourage and support certain types of wage-loss claims by low-income workers. Labor Secretary Hilda Solis announced this spring that the department was rolling out its “We Can Help” campaign to address this issue. If you employ relatively low-wage workers, you need to be aware of this program.
Q. One of our exempt employees is in the Reserve. He is going on a two-week training session that starts on a Tuesday. That means he will work on Monday, the start of our week. Do we have to pay him for the whole week when he is only going to be here Monday?
The DOL announced it plans to conduct a study next year of how employees use leave under the FMLA, a move that could be a sign the agency is planning more regulatory changes to the law. The timing of this announcement suggests any FMLA regulatory changes won’t be rolled out until 2011 at the earliest.
Q. An employee has requested FMLA-protected leave to care for his partner’s son. We are aware that the child is not legally or biologically related to our employee. Do we have to grant the leave?
Question: “We have an employee who some of us suspect is faking migraines so she can have time off or leave early when she wants. She does have intermittent FMLA (Family Medical Leave Act) leave, but every time she has an alleged migraine, she spends hours logged on Facebook or Twitter (from her home) or she is off running errands. It is my understanding that if you have a migraine, you can’t function. If you call her out on it and even keep pressing, she just lies. Her behavior is affecting morale because our company adheres to a strict attendance policy. It is frustrating for someone to get an unexcused absence for being legitimately sick, whereas she calls in or leaves early at least once a week, and there is no repercussion. Is there anything we as her co-workers can do?” — Anonymous
As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But as one employer recently found out, FMLA apps don't always tell the whole story. Lesson learned: There's no substitute for doing a hands-on review of employee records.
Hiring managers spend too much time interviewing candidates—and asking them the wrong questions. Then they’re often surprised to have to fire those same candidates a few months later after discovering that good interview skills don’t necessarily signal a great job fit. The problem: Employers often hire for hard skills but fire for soft skills, says Karl Ahlrichs of Hiring Smart, an Indiana firm specializing in employee selection. Instead, says Ahlrichs, “Our new slogan should be, ‘Fire them before we hire them.’” ...
Under the right circumstances, employers that pay discretionary bonuses based on actual performance don’t have to make the extra payments to employees on FMLA leave. Thus, a discretionary bonus based on performance during each quarter may not have to be paid if the employee didn’t work.
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? With a clear policy, careful documentation, consistent application of the policy and progressive discipline.