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 60
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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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Employers sometimes think they can replace key employees who take FMLA leave. Not true. They must show that reinstating the employee would have caused substantial and grievous economic injury to the company.

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

When firing an employee, always note exactly when you decided to terminate her. You will no doubt know before the employee does. Your good record-keeping can shoot down an employee’s attempt to blame the firing on something illegal—like disability discrimination or an attempt to interfere with the employee’s FMLA rights.

You may have an employee or two with relatives living in foreign lands. While it may not be an issue that comes up often, you should be prepared to handle requests for time off to care for sick relatives overseas. Don’t try to put unreasonable obstacles in the way.

Some employees think they’re entitled to FMLA leave for every family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones. You should also require employees to follow your rules and provide adequate notice.

Are you thinking about terminating an employee for good business reasons, but know he needs to take FMLA leave? While you can legally discharge him, he could challenge the termination as interference with the right to FMLA. But what if you allowed him to take FMLA leave and told him not to return?

Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave. Here's what's new and how you should comply...
Ever wonder if your employees out on FMLA leave are really sitting on a beach sipping a drink with a little umbrella in it? If you think employees are violating your policies, what can you do? One court ruled last month that you can fire such an employee ... but first make sure you have the right policies in place.

Employees who are out on unpaid FMLA leave are still entitled to health insurance benefits if they were covered before going out on leave. However, if the employee was required to pay part of the premium before taking leave, that obligation continues. If he skips any payments, the employer can terminate coverage without violating the FMLA.

Q. Are minor problems like urinary tract infections considered “serious health conditions” under the FMLA? Do we have to allow time off?
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