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.
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.
The idea behind alternative dispute resolution is that cases will take less time and cost less money to litigate. But that may not always be true. Often, employees who have signed arbitration agreements and promised to use an alternative dispute-resolution process end up suing in federal court to try to get the agreement thrown out. Courts often oblige.
If you offer short-term disability (STD) benefits for employees who can’t work because of illness, you probably insist on medical documentation. If the employee doesn’t provide that information within the reasonable timeline your STD plan requires, you can count the absence against the employee and terminate her.
An employee who takes FMLA leave is entitled to return to her old job or an equivalent one when she’s ready to return to work. But what if the employee can’t perform her old job, perhaps because of lingering health problems? Reassign her.
Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply to larger businesses.