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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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Here’s a tip that can prevent a needless lawsuit over FMLA retaliation. When a supervisor recommends firing an employee, make sure the final decision-maker doesn’t know about any recent or current FMLA leave usage.

Do you automatically terminate employees who aren’t ready to return to work after using up all available FMLA and short-term disability leave? If so, you may be asking for an ADA refusal-to-accommodate lawsuit. The better approach: Determine if reasonable accommodations might help the employee return to work despite lingering problems.

Under the FMLA regulations, if an employee is incapacitated, someone else can notify the employer, whose FMLA obligations are then triggered. But that doesn’t mean that a co-worker merely telling a supervisor that the employee is “sick” works as notification. Employers are entitled to better notice than that.

Q. The minor child of one of our employees has a disability. She was approved to be his personal care attendant and requested FMLA leave to see if she would like to do this as a job going forward ... I know FMLA is available to care for a child, but can she use FMLA as a way of trying out a new job?
The U.S. Department of Labor has issued final regulations expanding the FMLA’s caregiver and military exigency leave provisions to include more employees and cover veterans. The new regs formalize amendments included in 2010 defense spending legislation.
Here’s a problem that’s quite common for employers with several work sites spread far apart and one common HR department. Many employees may be eligible for FMLA leave, but some may not be if they work at a location with fewer than 50 employees that’s located within 75 miles of the main office.
Don’t let an angry manager turn routine FMLA leave into expensive and time-consuming litigation. Make sure all supervisors understand their FMLA obligations—and that they have no choice but to cheerfully allow em­­ployees to exercise their rights.

Some managers and supervisors just can’t seem to resist offering “helpful” career advice to subordinates. That’s especially true for workers they may see as less devoted to their work than old-school employees. But a remark concerning absences covered by the FMLA may well be viewed as interference with a protected right.

Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.
A federal trial court has reaffirmed that employers have the right to expect employees to be truthful. It said it’s fine to punish an employee who was reasonably suspected of dishonesty—even if it turns out the employer was wrong.

Generally, simply calling in sick doesn’t trigger an employer’s obligations to offer FMLA leave. But what if the employee was very specific about his medical condition when he first called in and clearly was eligible for FMLA leave for that first absence? Does he have to be equally specific later?

When a good employee with no disciplinary record suddenly turns into a bad employee following FMLA leave, watch out. You may have on your hands a bitter supervisor who wants to punish the employee for disrupting workflow, creating scheduling hassles and otherwise making life more difficult. Before approving discipline or a poor evaluation, look deeper.
Remind supervisors: It’s illegal to retaliate against an employee who advocates on behalf of a co-worker’s right to FMLA leave and reinstatement.
Final regulations issued by the Department of Labor implement the FMLA's military exigency and caregiver leave provisions and make some additional clarifying changes to the FMLA regs in general.
There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.
Q. If an employee is admitted to a nonmedical facility for alcohol addiction, can this leave qualify under the FMLA? If so, what documentation is acceptable? Can a letter from the facility be substituted for medical documentation?
Do you have a draconian FMLA leave policy that requires automatic termination for employees who use up their entitlement before being cleared to return to work? If so, you’re playing with fire.

Here’s something to consider before you reflexively terminate an employee who walks out. If she’s so distraught that she’s shaking, crying and hysterical, she may need FMLA leave. Instead of terminating her, let her know she should request FMLA leave.

When an employee works in a demanding position and has a medical crisis, he may not be able to return quickly to his old job. It’s en­­tirely possible he may use all available FMLA leave and other accrued leave and still receive clearance to work. That doesn’t mean his employer isn’t obligated to try to reasonably accommodate him.
Taking FMLA leave doesn’t protect employees from being fired for other reasons.
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