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.

Employees who suffer from some psychological disorders may need a less stressful environment. But if being stressed out at work is the only impairment the underlying condition causes, chances are they won’t meet the definition of “disabled” under the ADA. Therefore they aren’t entitled to an ADA accommodation.

Some HR departments are notorious for keeping every stack of paper indefinitely, while others fail to keep enough. Neither approach is acceptable, and it’s up to you to maintain a happy medium that complies with the law. Proper record-keeping is one of an HR professional’s core duties. Knowing what legally must be kept and for how long are important aspects of that duty.

Employees who request FMLA leave can’t be punished for doing so. That would be retaliation and interference with the right to leave. But merely asking about FMLA leave or requesting paperwork isn’t enough to form the basis of an FMLA claim.

You never know which employee is going to be the one who will sue over discipline. But one thing is certain: When she does, you’ll need every bit of documentary evidence you can find to justify your decision.

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness, as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

The cost cutting and headcount reductions might not be over yet, but as the economy begins its slow recovery, HR pros are reporting fewer layoffs, a renewed focus on retention—and even a talk of pay raises! Still, the flush workplace of 2006 isn’t likely to rush back into vogue. Here are 12 lingering adjustments—all with comp and benefits implications—that could outlast the recession:

Employees who aren’t disabled under the ADA can still be eligible for FMLA leave because a health condition can be serious without being a disability. That means you really need to consider requests for ADA accommodations separately from any requests for FMLA time off. Don’t make the mistake of assuming that denying an ADA accommodation means you can deny FMLA leave, too.

The U.S. Department of Labor’s Wage and Hour Division is preparing to crack down on employers that stiff workers out of overtime pay—and now it’s hired extra staff to find and punish employers that break the law. As enforcement gears up, we've got resources you can use to make sure you're in compliance.