Why is employee leave tracking so difficult? FMLA rules “are fairly complicated and they can be confusing. It’s hard sometimes to clarify what you have to do, versus those areas where you have some flexibility.” Kristi McKinzey explained in a recent BLR webinar.
The Family and Medical Leave Act requires covered employers to grant 12 to 26 weeks of leave to eligible employees for qualified medical and family reasons. These include to care for one’s own serious personal health conditions, to care for a covered family member with a serious health condition, for family military leave for a qualifying exigency, or to care for a seriously injured or ill servicemember or veteran. The FMLA also covers eligible employees after the birth, adoption, or foster care placement of a child within one year of the placement.
In yesterday’s Advisor, we covered Attorney Franck Wobst’s key things to include in documentation. Today, things not to include, plus an introduction to a timely BLR Bootcamp on performance management.
“Intermittent leave and reduced schedule leaves are sometimes fertile grounds for deception and fraud.” Charlie Plumb told us in a recent BLR webinar. Intermittent leave is one of the toughest parts of the FMLA to administer and it can cause frustration for employers, employees, and their coworkers. This is never more so than when fraud is suspected.
Yesterday’s Advisor featured attorney Julie Athey on the challenging issue of retroactive designation of Family and Medical Leave (FMLA). Today, she offers three scenarios to help HR managers understand the possible pitfalls, plus we announce a timely webinar on leave management and PTO.
Must an employer grant FMLA leave to an employee to care for a child’s serious health condition after the child is an adult and no longer lives with the employee? Can an employee take intermittent FMLA leave for baby bonding? What should an employer do who suspects FMLA leave abuse? These questions and more were answered by Charlie Plumb in a recent BLR webinar. Read on for the answers.
Combating FMLA abuse can be frustrating, but there are some straightforward actions employers can take to limit abuse before it happens. It all starts with proper administration of FMLA leave, including the use of medical certifications and recertifications as allowed within the FMLA regulations. These tools not only provide clarity for FMLA leave eligibility, but they also can curtail abuse. Additionally, they serve as a source of documentation to help protect your organization against claims of retaliation or FMLA leave interference.
In yesterday’s Advisor, we offered guidance on FMLA certifications; today, we’ll cover when you can “clarify” or “authenticate” those certifications, and we’ll introduce the unique checklist-based audit system that lets you find problems before the feds and the lawyers do.