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.
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.
First things first when determining how to handle a request for FMLA leave: Does the employee (or a loved one) have a “serious health condition” that qualifies for FMLA leave?
Some employees who need to take FMLA leave may be newly disabled or suffer from serious health conditions that develop into disabilities. If they are not fully healed, they may not be able to obtain a doctor’s clearance to return to work.
Sometimes, 12 weeks of FMLA leave isn’t long enough for workers to recover from illness or injury. But, indefinite leave does not have to be accommodated.
Recent EEOC guidance makes it clear that employers that provide light-duty for employees with medical limitations must do so for pregnant workers, too.
Q. One of our employees notified us that he will need to take leave under the FMLA. Can we require employees to give us more advance notice?
Sometimes, it takes an absence to discover that an employee wasn’t doing her job well. But some HR professionals and supervisors fear disciplining a worker if they discover the poor performance while she is on FMLA leave.
Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.
Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.
Don’t be afraid to ask employees for documentation showing that they qualify for FMLA leave. Unless you are actively harassing the worker about taking leave, asking for certification or more information doesn’t interfere with his FMLA rights.
You don’t have to be sued to lose an FMLA case.
It may seem crazy that your employees can use their allotted job-protected FMLA leave time to work on a second job. But, as long as they have a legitimate reason for the leave, they can use their leave any way they please.
A federal court has issued an injunction preventing an employer from firing a worker seeking to take FMLA leave until the litigation ends. That could take years.
It can take a long time to process an FMLA request, especially if the employee doesn’t promptly respond to demands to provide medical certification of the need for leave.
No-fault attendance programs were designed to be completely objective, the idea being that all absences and therefore all workers are treated equally. But the FMLA and ADA require employers to know why an employee was absent, so the “hear no evil” approach can't work.