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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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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.
Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.
Sometimes it’s obvious that an employee will miss much more work than her available leave can cover. When that happens, provide her with all the necessary notices about how much leave she has used and when it expires.
The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.
If an employee comes forward and requests a work-related accommodation, refusing to make that accommodation may mean the employee becomes eligible for unemployment.
Merely mentioning an illness isn’t the same as requesting FMLA leave.
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.
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