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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Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.

When an employee asks for a reasonable ADA accommodation for a disability, you don’t have to accept her first suggestion. You are under no obligation to provide the employee’s preferred accommodation if you have another one that’s also reasonable.

Some employees have heard through the legal grapevine that if the going gets tough at work, they can just get going. They believe they can up and quit—and then turn around and sue, claiming that they had no choice but to leave because they were suffering retaliation for taking some protected action. This is an example of “constructive discharge.” But conditions have to be pretty onerous before the tactic works.

The Pennsylvania Human Rights Act is the commonwealth’s companion to federal employment laws such as the ADA and Title VII. The PHRA goes beyond most federal laws because it authorizes personal liability for those who “aid and abet” an act of discrimination. And as one recent case shows, aiding and abetting can include making a serious mistake about a reasonable accommodation request.
When it comes to employment law, it’s always best for managers to learn from others’ mistakes rather than their own. Share these recent court cases—and the lessons learned—with your organization’s supervisors:
Q. We are a small manufacturing company with 16 employees. We distribute our products through another company, which we also own. The distribution company has 38 employees. One of our manufacturing employees is pregnant and has asked for time off. She says she is entitled to leave under the FMLA. Is this true?

Thanks to Google’s policy of allowing employees time each week to work on pet projects, the company is forever unleashing new tools to improve your googleability. These four new tools could make you more fluent, more efficient and better-informed.

If you approve intermittent FMLA leave for an employee’s serious health condition, you’ll have a tough time arguing later that the employee’s disability means he’s unable to perform the essential functions of his job. That’s because you’ve already shown that periodic absences didn’t interfere with running the business.

Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.
Comments supervisors make on performance evaluations can come back to haunt the company—especially if they concern the FMLA. That’s why HR should carefully review performance evaluations and tell supervisors to zip it when tempted to gripe about FMLA leave.