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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’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

You don’t need to give employees FMLA leave just because they have a discharge sheet from a hospital emergency room. The real question is whether the medical condition that prompted them to visit the ER was a serious health condition.

The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.

Routine doctors’ appointments such as checkups or annual physicals aren’t considered eligible for FMLA leave, but appointments aimed at diagnosing a condition may be. Employers that know the employee is seeing a specialist as part of the followup to an auto accident, for example, are on notice that the employee may need to take FMLA leave ...

Q. Flu season is coming and we are concerned. If employees have the flu or show flu symptoms, can we require them to stay home long enough to make sure they are no longer contagious? Would we have to pay them for time away?

Employers can’t punish or otherwise hold it against employees for taking FMLA leave—that’s interfering with FMLA rights, and it’s illegal. That’s why it’s important to exclude FMLA leave when making any disciplinary decisions based on employee absences.

Here’s a risk you’ll run into if you refuse to let an employee take time off to care for a child she says has a serious health condition that requires her care: If you guess wrong and the case goes to trial, it’s up to the jury to decide whether the child’s condition rose to the serious level.

New FMLA regulations go into effect on Jan. 16. Employers must become familiar with these changes and adjust their policies accordingly. Here’s a summary of some of the most important changes to the FMLA.

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz ...

If you know an employee is suffering from depression, don’t be so quick to accept his or her hasty resignation, a new court ruling shows. Instead, you may need to identify this person as “disabled” under the ADA and, therefore, engage in an interactive process to find a work accommodation.

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

HR Law 101: The FMLA defines a serious health conditionas an illness, injury, impairment, or physical or mental condition that involves one of the following: hospital care, absence plus treatment, pregnancy, chronic conditions requiring treatments, permanent/long-term conditions requiring supervision, or multiple treatments (non-chronic conditions).

HR Law 101: Employees who want to take FMLA leave must give their employer 30-day advance notice when the need for leave is foreseeable. Employers should respond in writing within five business days to their leave requests ...

More than half of employees admit they show up for work when they’re sick, according to a CCH Unscheduled Absence Survey. Here are a few simple ways to help your organization reverse the trend of "presenteeism" so employees can recuperate from the flu or other illnesses and return to work focused and productive ...

The FMLA allows employers to move employees taking intermittent leave to positions that make it easier for the employers. If you do so, just make sure that the temporary position has equivalent pay and benefits. It does not have to have equivalent duties.

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Employers can terminate an employee on FMLA leave if it becomes clear she will not return. But get this one wrong and you may end up in court. A better approach: Wait to do the firing.

Do all your supervisors and HR staff understand how Minnesota’s Drug and Alcohol Testing in the Workplace Act works? If not, train everyone now or face the possibility of punitive damages.

Unscheduled absences can throw production into a tailspin. Often, those absences occur when an employee’s child care arrangements fall through. But increasingly, workers also must stay home to care for spouses or parents who need help after surgery or because a regular caregiver is unavailable ...

On Jan. 16, the U.S. Department of Labor’s new FMLA regulations became effective. The most significant changes were to the regulatory scheme for handling employee leave certifications and medical documentation.

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