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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A bill before the Legislature proposes to abolish the state’s paid family leave and deposit funds now kept in the state’s Family Temporary Disability Leave Account into the unemployment compensation insurance fund.
Employers that change their disability or other benefit plans know to inform their employees about those changes. But what about employees on military leave? Make sure they get notice, too.

Perhaps you have faced this situation: An employee is about to be disciplined, but suddenly applies for FMLA leave. She begins her leave while the discipline is pending. Do you have to wait to punish her? Not if you can clearly show that the punishment is for legitimate reasons and not related to her FMLA leave.

Q. We provide unpaid leave to employees who are called up to serve in the armed forces, in accordance with the terms and conditions the Uniformed Services Employment and Reemployment Rights Act (USERRA). May we require employees to concurrently exhaust any earned but unused vacation that they may have accumulated?

The FMLA provides protected leave for employees who meet the law’s eligibility requirements. That protection includes the right to reinstatement to the same or an equivalent position when the employee is ready to return to work. But that right has limits. Employers are entirely within their rights to continue any disciplinary action they began before the employee went out on leave.

Here’s one of the most common mistakes employers make when managing employees with disabilities. They know that generally, the employer gets to choose the reasonable accommodation. But what they don’t realize is that simply unilaterally declaring an accommodation won’t pass muster under the ADA.
One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how?
The California Division of Labor Standards Enforcement (DLSE) has issued an opinion letter stating that, although employers may not deduct from exempt employees’ salaries for partial-day absences, they may make deductions from employee leave balances in accordance with the employer’s bona fide leave policies.

St. Paul-based White Way Dry Cleaners has paid $42,250 to a former employee who filed an EEOC pregnancy discrimination lawsuit. The case arose when Michelle Johnson was transferred from her job pressing clothes to a counter position after telling her bosses she was pregnant. White Way had a longstanding policy of transferring pregnant employees to protect them from chemicals used in the dry cleaning process.

Q. One of our employees recently completed 12 weeks of FMLA leave to care for an ill family member. She has now requested a 30-day leave to undergo chemical dependency treatment for alcohol abuse. Since she has already utilized all of her available FMLA leave, are we required to grant this most recent leave request?
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