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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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If you transfer an employee after their FMLA leave, you could wind up facing a retaliation lawsuit, even if the transfer comes with the same pay.
Employers must run FMLA leave concurrently with any paid leave an employee takes for an FMLA-qualifying condition, according to a new opinion letter.
Intermittent FMLA leave abuse can wreak workplace havoc. But take heart. There are ways to manage intermittent FMLA leave in ways that rein in abuse.
FMLA isn't just about maternity leave and medical concerns - but it does have its limitations. As employers can see in these recent court cases, it's important to document decisions and know what you can, and cannot do when it comes to the FMLA.
Our employment law expert tackles intermittent FMLA, employee request to reduce hours and FMLA threshold compliance in this roundup of Ask the Attorney.
As flu season hits it's peak, double-check your company sick leave policies: Employees who are out with the flu may be entitled to FMLA leave.
The IRS has now addressed key issues related to the tax credit for paid leave under the Tax Cuts and Jobs Act during 2018 and 2019.
Workers have just two years to file a lawsuit over alleged FMLA violations unless they can prove their employer willfully violated the law. If they can, they get another year to sue.
Managing FMLA intermittent leave can be vexing, but employers do have some tools to combat leave abuse. One of the most important is FMLA certification. Here are four tips on certifying FMLA intermittent leave requests:
The DOL has released updated versions of its model FMLA certification and notice forms. Employers should begin using the new FMLA forms now.
The FMLA specifically grants time off to deal with medical issues. However, some disabled employees may be entitled to leave as an ADA reasonable accommodation.
Employees can’t be punished for taking FMLA leave. But what are their responsibilities to their jobs when they're out?
Employers can and should set reasonable standards for how employees let their bosses know they won’t be coming to work. Those rules can require calling in before the start of a shift if the employee is ill or has a medical emergency, even if it may be covered by the FMLA.
If a worker can show that his employer willfully violated the FMLA, he has up to three years to sue. Read the recent court case that demonstrates this.
Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.
The Texas Supreme Court has decided someone on unpaid FMLA leave may be eligible for unemployment benefits.
Employees who suffer from disabilities as defined in the ADA or serious health conditions as defined in the FMLA enjoy some job protections. But those protections are not unlimited.
You can require employees seeking FMLA leave to have their health care provider submit a certification form estimating how long the medical condition will last. If that or any other part of the certification is left blank, the employer can request clarification.
While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.
Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned enterprises.
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