FMLA Guidelines — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 90
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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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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?
Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.
If you terminate employees who have used up all their FMLA leave and still can’t come back to work, watch out! Make sure you don’t single out any particular class of employees for firing.

The FMLA allows up to 12 weeks of unpaid leave for eligible employees who work for covered employers to deal with their own serious health conditions. Typically, employees must visit a doctor to establish the existence of an underlying medical problem that makes the employee unable to perform her job for three consecutive days. But what if the medical provider merely says the employee may be off for one or two days?

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.
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? Follow this five-step process for making sure an employee's condition is FMLA-eligible.
Companies everywhere are scrutinizing their payrolls and full-time employee head counts with an eye toward cost-saving measures ... and independent contractors. Just be aware that you'll need a concrete policy for managers to steer clear of the IRS and legal headaches in hiring outside workers.
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