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.
Sometimes, employees develop medical problems and use up their available leave under the FMLA or other leave programs before they get a definitive diagnosis. Think about offering them additional time off.
When employees lose their jobs, they often look for a reason to sue. One common tactic is to argue that a layoff was used as an excuse to get rid of “unproductive” employees, especially those who take advantage of their right to FMLA leave. That’s why HR must develop a performance-appraisal system that documents that having taken FMLA leave wasn’t a factor when you evaluated employees’ work.
Florida’s version of the FMLA allows workers to take up to three days of leave if the employee or a family member is the victim of domestic violence. Now a state senator, Mike Fasano, has proposed an amendment that would extend that protection to pet abuse.
While employees with chronic medical conditions are typically entitled to FMLA leave, such intermittent absences are fertile ground for abuse. After all, an employee on intermittent leave can simply call in and say his condition is acting up. But that doesn’t mean you’re powerless if you suspect abuse.
Q. We have an employee who has exhausted his FMLA leave, but wants additional time off. Do we have to grant his request?
The U.S. Department of Labor has proposed new FMLA rules that would formalize several statutory amendments that expanded military family-leave rights in 2008 and 2009. The new rules would officially incorporate into the FMLA amendments that were tacked onto the National Defense Authorization Act. If you're covered by the FMLA, these rules will apply to you.
The DOL's FMLA regulations provide employers with several options for calculating how much leave employees are entitled to at any given time. According to the regulations, employers are permitted to choose any one of the following methods for measuring the “12-month period” in which the 12 weeks of leave entitlement occurs.
The U.S. Department of Labor has released new updated FMLA certification and notification forms used by employers. The forms expire in May 2018.
In Shaffer v. American Medical Association, the 7th Circuit Court of Appeals reminded employers they cannot base a termination decision on an employee’s decision to take FMLA leave. Here are some of the lessons the case can teach employers.
If you must cut staff, you naturally want to terminate the least productive workers and keep the most productive ones. You could make the decision on the basis of past performance evaluations. But what if there aren’t any?