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.
Q. We have 75 employees at our one facility. An employee recently took two months off for a serious operation. We did not classify this as FMLA leave, but now we think we should have. What can we do?
Qualified employees who take FMLA leave for their own serious health conditions are entitled to return to their old jobs or equivalent ones once their leave is over. But that’s only true if they are fully healed and able to do their jobs.
Here’s a warning to pass on to everyone involved in the hiring process: If the most qualified applicant for an open position happens to be a former employee who used FMLA leave in the past, you can’t use that leave as an excuse not to rehire him. That’s retaliation under the FMLA.
Employers can’t fire an employee who is about to reach the threshold for FMLA eligibility if the employee has other accrued leave available to bridge her to FMLA eligibility.
Here’s a hypothetical situation that shows how important it is to be aware of the calendar when dealing with the FMLA.
What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.
Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.
Sometimes, there are several ways to accommodate a disabled employee. As long as the one the employer chooses is reasonable, the employee can’t claim an ADA violation.
California employees have additional rights to family and medical leave under the California Family Rights Act (CFRA). Don't require an employee to provide an FMLA certification form if she is seeking CFRA leave.
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.