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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Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.
The Penn State Hershey Medical Center has agreed to settle a lawsuit alleging that a cancer surgeon was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.
Generally, employees who take FMLA leave are only entitled to their job back if they are able to return to work right after their 12 weeks of time off expires. Imme­­di­­ately terminating the employee without a good reason may backfire, because it could be seen as retaliation for taking leave.
Employees who are fired for willful misconduct aren’t eligible for unemployment compensation. Not following the employer’s call-off rules is willful misconduct and may bar benefits.
As long as you act in good faith, most courts will uphold your honest HR decisions.
The FMLA and the ADA are supposed to work together so employees who need some time off for serious health conditions and disabilities don’t lose their jobs. Fortunately for employers, there are limits to leave—especially for jobs that require regular attendance.
A federal court has upheld an arbitration agreement negotiated between a union and an employer that compelled individual arbitration for FMLA claims.
It’s almost always inconvenient to have an employee suddenly leave in the middle of a shift. But if the under­­lying reason is an FMLA-covered con­­dition and he gave you enough information to make you realize the time off might be covered by the FMLA, think twice before punishing the early departure.
The U.S. Department of Labor has finally gotten around to revising its official FMLA forms on more than a month-by-month basis.
Employers that rely on absenteeism to fire such a worker may find themselves in court arguing over which absences and late arrivals should be included or excluded—and hope they got it right.