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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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Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.
Employees who qualify for FMLA leave can’t be punished for taking it. Any action that could be seen as dissuading workers from exercising their right to take FMLA leave amounts to interfering with a federal right.
When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most challenging FMLA and ADA issues HR struggles to handle.
Employees who want to take FMLA leave must let their employers know. They don’t have to specifically ask for FMLA leave, but they do have to provide enough information for the employer to understand that the worker or a family member suffers from a serious health condition. Merely describing a chaotic life full of difficult events isn’t enough.
Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.
You may have to promote someone from within to do the work of the employee who has taken FMLA leave. But what about the employee who took FMLA leave? Isn’t he entitled to return to his old job? Not necessarily, as long as you can place him in an “equivalent” job with the same benefits and pay.
What happens if the employer fails to notify the employee? She may win an FMLA interference lawsuit if she can prove that, had she known, she would have returned to work and could have performed her job.
Ordinarily, an employee taking FMLA leave is entitled to return to the same job or one that’s substantially equivalent. But what if the employee’s job changed while the employee was out on FMLA leave?
If a supervisor has previously made snide remarks about an employee’s use of FMLA leave, make sure he isn’t involved in any subsequent disciplinary action against the employee.
If you make an employment offer to a worker from a temp agency after observing her work for a few months, be sure to count the earlier time towards FMLA eligibility.
Ordinarily employers must reinstate employees who take FMLA leave, but that only applies if the job still exists.
What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.
Think twice before denying FMLA leave to employees who must care for close relatives who aren’t parents.
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.
Americans overwhelmingly support paid family and medical leave.
It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.
If an employee has already taken FMLA leave several times before, do you still have to go through the motions of providing FMLA notice every time the employee calls off?
It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.
Mistakes by front-line managers—usually simple, unforced errors—can lead to costly FMLA liability.
Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court case demonstrates.
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