10 New Tips for Managing FMLA Leave
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Protect your organization from legal hardships concerning FMLA leave, while understanding how to successfully manage employees on leave.The FMLA has now been in place for more than 25 years, and in terms of understanding, implementation, and recognizing the outer bounds, it seems to be more complex with every passing year. Without a doubt, the FMLA has resulted in tremendous changes in the workplace and has been a benefit to thousands of employees with serious medical conditions or whose family members have serious medical conditions. Nonetheless, implementation is difficult and time-consuming, and often can seem overly intrusive (to both parties). In response, some employers simply grant FMLA leave to everyone who applies for it, regardless of whether they work at a location that is technically covered and/or whether the employee provides the appropriate support for the requested leave. Other employers may be hyper-technical with regard to implementation and may unknowingly (or even intentionally) fall short of full compliance. Many employers fail to appropriately train HR and line managers, with the result that they might not know and understand the company's policies and/or obligations, or the obligations that the FMLA imposes on employees. This topic is intended to clarify which employees are covered by the FMLA, what their rights and obligations are, and how management can best manage the employees who are on FMLA, including the small subset that is seemingly the most problematic and time-consuming.
AuthorsFrank C. Morris Jr., Epstein Becker & Green, P.C.
Overview of FMLA Fundamentals/Questions That HR (or Management) Should Ask Itself When It Becomes Aware of an Employee's Illness
• What Are the Employer's FMLA Policies/Which Offices Are Covered/What Are Our Obligations to Make Sure Managers and Employees Know What FMLA Coverage Exists/Ensuring That the Employer Is Not Waiving Any Rights
• From Basic Definitions and Requirements to Cutting-Edge Decisions - the Importance of Details
• What Questions Should Management/HR Ask and What Documentation May Be Required/How Detailed May an Employer Require That Medical Certification/Recertification Be
• What Are the Employee's Obligations and What Can an Employer Do If the Employee Does Not Comply With His/Her Obligations
Responding to FMLA's Most Difficult Issues
• Triangle Issues - the Interplay of ADA/FMLA/Workers' Compensation
• The Chronic Health Condition
• Intermittent FMLA Leave
• The End of FMLA Leave/ What Used to Be a Ceiling Is Now a Floor
• Guarding Against Abuse or Suspected Abuse
• Requiring Certifications and Renewed Certifications
Interference and Retaliation
• When Can an Employee on FMLA Leave Be Disciplined or Terminated
• Training Managers/What Statements Should Never Be Made
• Job Restoration
• Individual Liability
The Road to Paid Leave?