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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For the past 16 years, complying with the FMLA has been complex, but at least the law (once you figured it out) stayed the same. Last year, that all changed. That’s when the first major overhaul of the FMLA took effect.
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz ...
Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. Wellness programs that offer premium discounts have long been required to comply with HIPAA. More recently, two other laws muddied the wellness waters: the new health care reform law and the Genetic Information Nondiscrimination Act.
The U.S. Department of Labor has issued a broad interpretation of the definition of a “son or daughter,” clarifying that any employee who assumes the role of caring for a child will receive parental rights under the FMLA, regardless of the biological relationship. The new rule applies regardless of sexual orientation or conventional family ties.
Read a sampling of questions that our HR Specialist: Premium Plus subscribers submitted to our on-call employment attorney, Nancy N. Delogu, Esq.
Most employment laws don’t make individual employees liable for workplace violations they commit in the course of their employment. But that’s not the case with every violation. According to the 4th Circuit Court of Appeals, it’s unclear whether the FMLA allows such personal and individual liability—a conundrum that may soon be tested.
Employers that fire employees right after they return from FMLA leave run a risk that the timing alone will be seen as proof of retaliation. Unless you are absolutely sure you can convince a judge or jury that the termination is justified, it makes sense to wait a month or so.
If you have a standard policy that requires employees returning from sick leave to show that they’re fit for work, you can also require employees who use FMLA leave to provide the same.
Q. Our receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick father. Her temporary replacement is doing an outstanding job and always shows up on time. Can we keep the new receptionist and tell the other one not to return?
Don’t jump the gun when it comes to firing an employee for breaking a rule. For example, if you have an attendance policy that requires termination after a certain number of absences, be sure the employee actually missed all those days.
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