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FMLA

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.

Free Special Report: The Leave Maze: Managing FMLA, ADA, and Worker’s Compensation Issues


3 Ways Problems Arise With Employee Leave Tracking

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.

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Quell Compassionate Impulses—Or Face ‘Regarded As’ Claims

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.

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‘I’ve got a chronically ill employee’—Balance Compassion and Business

Form the habit for all your writings, (including e-mails, posts, etc.) to write as though for an audience. You never know who may ultimately end up reading what you wrote. Assume that someone will post it or tweet it, says Attorney Franck Wobst.

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Handling Suspected FMLA Fraud

“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.

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5 Tips for Managing Intermittent FMLA Leave

Managing intermittent FMLA leave while minimizing fraud and abuse can be a challenge. But there are ways to try to make the process as smooth as possible. Follow these 5 tips:

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FMLA—The Tricky Issue of Retroactive Designation—3 Scenarios


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.

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Failing to Track All FMLA—4 Hazards

It is generally in your best interest to capture all absences that are Family and Medical Leave (FMLA)‐related, says consultant Kristi McKinzey, PHR. She offers four common hazards employers face when they don’t track all absences.

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Q&A on How HR Can Handle FMLA Leave and Suspected Abuse

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.

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Tips for Curbing FMLA Abuse

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.

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Want to ‘Clarify’ or ‘Authenticate’ an FMLA Cert? Strict Definitions

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.

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