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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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The DOL has unveiled a first-of-its-kind arrangement: an attorney-referral partnership with the American Bar Association to help more employees file FMLA and FLSA lawsuits. Find details on this new program, as well as links to HR Specialist resources that can keep you from becoming a target of this looming legal dragnet.
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to the highest annual total in the EEOC’s 45-year history.
Teach this simple lesson to supervisors who have employees out on FMLA leave: Leave them alone unless there’s a good reason to contact them. Calls and visits can lead to lawsuits claiming emotional distress.
Have you ever searched Twitter for the term “FMLA”? You’ll find some interesting interpretations on how people use their “family” or “medical” time off. Chicago law firm Franczek Radelet PC collected these recent tweets:

As an HR pro, you may have had to guide managers through tough decisions about which functions, jobs and people must be preserved as your organization digs in to survive tough economic times. Don’t neglect your own department!

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.

Employees who need to take time off to attend physical therapy to deal with an injury may believe they’re disabled under the ADA. And they assume the time off must be a reasonable accommodation. That’s not necessarily true.

Exempt employees are generally expected to work as long and as hard as they need to in order to get their jobs done. But that doesn’t mean employers should expect exempt employees returning from FMLA leave to burn the midnight oil to get caught up if no one took up the slack during the absence. Insisting on that is an invitation to be sued for retaliation.

Q. We run FMLA and short-term disability (STD) concurrently. FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. At what point can we terminate an employee?
It’s OK to change work rules while an employee is out on FMLA or other medical leave. It’s legal, as long as the rule applies equally to every similarly situated employee.
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