FMLA Guidelines — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 4
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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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Before an employee can argue that her employer interfered with her FMLA rights, she has to have put the employer on notice that she needed leave.
Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?
A Texas appeals court has ruled that an employee who was off on unpaid FMLA leave was not also eligible for unemployment compensation benefits.
When an employee becomes pregnant, she has the right to take leave under the federal FMLA.
Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.
Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.
Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs.
Employers that approve intermittent leave requests can request regular recertifications to determine if the need still exists.
When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.
If you intend to require an employee taking FMLA leave to provide a fitness-for-duty certificate on return, you must make that clear up front when he first requests leave.
Q. An employee recently tested positive for drugs during a random drug screening that we periodically administer to ensure that our employees are able to safely operate our systems. The employee admitted that he regularly used drugs, and would like to take several weeks off to participate in a rehabilitation program. Does Texas law require us to grant him time off?
Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.
Regulators see workplace posters as vital, legal documents; and employers who fail to update them may face fines.
When an approved period of intermittent FMLA leave is coming to an end, it’s up to employers to ensure that the transition back to regular work goes smoothly.
The U.S. Department of Labor has updated its FMLA poster to be more easily read by employees.
As it does every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?
To help you decide whether an illness or injury rises to the level of a serious condition that triggers the need for FMLA leave, you can require employees to provide FMLA medical certification. But what happens if employees use that initial FMLA certification to take intermittent leave in a suspicious pattern?
Q. One of our employees may be a victim of family violence. What are our legal obligations to provide leave for family violence victims under Texas and federal law?
Only employers with 50 or more employees within a 75-mile radius must offer job-protected FMLA leave to their employees. If your organization is below that limit, make sure not to mention it in your employee handbook or benefits materials.
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