FMLA Guidelines — Page 30
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

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.

Page 30 of 119« First...1020...2829303132...405060...Last »
Some employees need FMLA leave to cope with work stress. But that doesn’t mean that employers can’t punish someone who makes threats.

Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court ...

With divided government in Congress, gridlock reigns for most employment-law bills. One bill that has a slim chance: the Parental Bereavement Act, which would amend the FMLA to allow employees to take FMLA leave after the death of a child.

Employees with chronic medical conditions that flare up unpredictably may be entitled to FMLA leave. But that can create scheduling nightmares for employers. And intermittent leave, by its nature, is subject to abuse. After all, an employee on intermittent leave can simply call in and explain his condition is acting up. But that doesn’t mean employers are powerless when they suspect abuse.

Everyone knows employees can use FMLA to care for minor children who have serious health conditions. But what about adult children who need a parent's care? It's a difficult issue that straddles the complex intersection of the FMLA and the ADA, plus definitions of "disability" and "care."

HR Law 101: Your employee handbook should include statements on these topics: a welcoming letter from the CEO, rules and procedures, your employment policies, compensation and benefits, safety and health rules, an affirmative action statement and an acknowledgment receipt form ...

If an employee asks you to ap­­prove an especially long vacation, and you suspect the reason may be a covered condition under the FMLA, beware automatically rejecting the request. You may risk an FMLA in­ter­ference lawsuit. Plus, any subsequent discipline could be considered retaliation.
HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. How big is the risk? Try six figures—or more.
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.

Employees have to give 30 days’ notice before taking FMLA leave. That means some employees may ask for FMLA leave before they are actually eligible. For example, an employee may request time off for a serious health condition when he still has a few hours more to work before hitting the one-year or 1,250-hour milestone. Employers can’t deny the request merely because it was made before the employee became eligible.

Q. One of our employees has a recurring illness that flares up every so often. By taking a few weeks off here and there, he has used all of his paid time off (PTO) and exhausted his FMLA leave. If he has another flare-up, do we have to permit him to take time off even though it would be more than the FMLA requires or our policies allow?

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Employees who take FMLA leave are usually eligible for reinstatement, but not always. If you were going to eliminate the position anyway, the employee may be out of luck. Before you deny reinstatement, be sure you can clearly show that the position was cut for reasons completely unrelated to the employee’s FMLA leave.

If there’s no use-it-or-lose-it policy in place, employees can easily stockpile weeks of vacation or personal leave. Should they become ill, they may try to use that time as a substitute for FMLA leave. If an employee asks you to approve an especially long vacation, and you suspect the underlying reason may be a covered condition under the FMLA, beware automatically rejecting the request.

Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire him?
The FMLA grants time off for em­­ployees with serious health conditions, but they must let employers know they need leave. Simply requesting light-duty work isn’t enough.
According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

Think you can split your business into separate entities to avoid being covered by some laws like the FMLA—and maybe limit the amount employees can collect if they sue under Title VII? Think again. That won’t work if the entities retain a centralized management structure.

Courts are suspicious when em­ployees who have recently returned from FMLA leave are suddenly fired. Yet, chances are you will at some point have to terminate an employee following FMLA leave. Just make sure you can explain why, backed up by solid and contemporaneous documentation.
Employees who take FMLA leave don’t get greater protection from layoffs than employees who don’t take leave. As long as you can show that you would have eliminated a job even if the employee had not taken FMLA leave, the termination is fine.
Page 30 of 119« First...1020...2829303132...405060...Last »