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 5
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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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Employees who take FMLA leave sometimes think their supervisors aren’t allowed to criticize any performance deficiencies that occurred before the leave began. That’s just not true.
The start of each school year brings new responsibilities that pull employees away from work. You may try to be flexible with your parent-workers, but how far you have to bend depends in large part on whether employees are nonexempt or exempt under the Fair Labor Standards Act and state short-term leave laws.

Employees who take FMLA intermittent leave can wreak havoc with work schedules. Because their conditions can flare up at any time, their absences are by nature unpredictable. But there are ways you can legally curtail intermittent leave.

Sometimes, all a disabled employee needs in order to return to her job is a little bit of additional leave. But there needs to be some sort of estimated return date.
The FMLA has been around for almost a quarter century now. Employers have no excuse for ignoring the law.
Good HR practices rely on complete and accurate documentation. That’s especially true when it comes to FMLA administration, where noncompliance with notice requirements spurs plenty of lawsuits.
Make sure HR staff know how to calculate FMLA leave and keep careful tabs on how that leave is used. That way, you minimize chances that an employee will receive erroneous information that could lead to a lawsuit alleging that you interfered with someone’s FMLA rights.
Do you offer voluntary overtime to employees, but make attendance mandatory if employees sign up? If so, watch how you calculate FMLA leave. You have to include the overtime in the calculation of available FMLA hours, or you can’t subtract FMLA hours for an absence.
If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.
Although HR usually handles the details when an employee is eligible and takes Family and Medical Leave Act (FMLA) leave, managers should never be in the dark about what that means once the leave is approved.
FMLA compliance may be one of the trickiest parts of an HR pro’s job, but the law’s notification requirements are easy to deal with.
Employees who return from FMLA leave may not be fully healed. They may, in fact, have developed serious enough medical problems to be disabled under the ADA.
In May 2016, the U.S. Department of Labor issued a new version of the FMLA poster that employers are required to hang in their workplaces. The big question: If you already have an FMLA poster in your workplace, must you display this new version? Here are the details, plus links to the new poster and employer's guide ...
Make sure you equally and consistently punish all employees who break the same rules.
Patience has its rewards, especially when dealing with a newly disabled employee who might not be able to return to her job.
FMLA administration is a top frustration to HR professionals.
Here’s something to consider when handling an FMLA request: If you botch the request, you could be held personally liable for any damages.
Q . An employee who’s been employed since October is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone that requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.
If a worker provides information that puts the employer on notice she may need and qualify for FMLA leave, the employer must notify the worker how to exercise her FMLA leave rights.
To determine whether an employee or family member has a condition that meets the FMLA’s definition of “serious health condition,” employers should review the medical certification they receive from the employee’s health care provider.
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