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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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A frequent tactic for employees who have used FMLA leave and who are fired around the same time is to allege that they were terminated for taking FMLA leave. But those claims fall apart if the person making the termination decision didn’t know about the leave. That’s reason enough to limit access to FMLA leave information to those who need to know.
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.
Q. An employee lost weight and is having excess skin removed and a breast lift. There will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition?
FMLA absences are on the rise, and some sectors—particularly manufacturing, hotels, health care, call centers and government entities—far surpass others in terms of FMLA absenteeism rates, says a new report by EAP provider ComPsych.
If you’re an employer with operations in several states, some of which recognize same-sex marriage and some of which don’t, you may have wondered how the Supreme Court’s Defense of Marriage Act decision affects you. Now that attorneys have begun delving into the decision and the law, answers are emerging, particularly concerning the FMLA.
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the U.S. Department of Labor.
Employees don’t always know to ask specifically for FMLA leave. Some may not even know they are entitled to time off for a serious health condition. But that doesn’t mean you can ignore the obvious and discipline a worker for missing work when it’s clear he or she may be entitled to FMLA leave.
The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?
Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.
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