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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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The FMLA’s notice provision requires employees, to be eligible for FMLA leave, to let their employers know that they suffer from a serious health condition. Merely telling a supervisor “I’m sick” doesn’t cross to the threshold of a legitimate FMLA notice. But it's important for supervisors to know that employees, on the other hand, don’t need to say something as explicit as “I need FMLA leave because I have X illness” ...

It’s crucial to keep meticulous FMLA records, from requests to approvals to return-to-work discussions. If you fail to create a solid paper trail, courts will resolve any questions in the employee’s favor ...

Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire her? —D.G., Arizona

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We'd like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we'd like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

Many employers offer employee assistance programs (EAPs) to help employees with personal problems. But be aware that if you communicate directly with counselors who take employees' calls, you may trigger legal liabilities under both the ADA and the FMLA. That's especially true if an EAP counselor suggests that the employee needs time off or some other accommodation ...

Q. I told an employee who takes lots of intermittent FMLA leave that all of her time out of the office (no matter what it was for) would count against her FMLA time. My VP called me in and told me I was wrong and that was absolutely NOT the law. What is the best way to track her intermittent leave? Do I ask for documentation each time? —J.S., Texas  

If you require employees to use accumulated sick leave, vacation time or other paid leave when they’re out on FMLA leave, be aware of a little-known trap: If that employee also is receiving payments through a disability plan, you can’t force the person to use up his or her accumulated paid leave ...

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of soldiers and reservists who are called to active duty or training and want to return to their jobs once their service is over. But these rights aren't without limits ...

After preparing for Y2K, anthrax and hurricanes, HR and legal professionals must now turn their attention to pandemic planning ...

Q. One of our female employees says her ex-boyfriend is stalking her. She hasn't been able to get a restraining order against him. We're worried that he may show up and do her or other workers harm. Can we fire or suspend her? —B.L., Florida

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