FMLA Intermittent Leave: Legal Strategies For Investigating And Preventing Abuse
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Reduced schedule and intermittent leave under the Family and Medical Leave Act (FMLA) can be an administrative nightmare for HR.
It’s questions like these that can make tracking and managing leave difficult for employers trying to get a handle on FMLA abuse related to reduced schedules or intermittent leave.
- How do you track the time?
- How much time can employees take?
- How do you distinguish between legitimate requests and patterns of leave abuse?
- What types of documentation are you allowed to seek from employees and/or their doctors?
Don’t get caught in the complex web of FMLA’s intermittent leave and reduced schedule rules. Join us when skilled attorney John Lai of Fisher Phillips will provide an up-to-date review of what FMLA requires of employers, and what HR can do to manage intermittent leaves and reduced schedule leaves, legally and effectively, while avoiding abuses.
- Confirm that an employee is eligible for FMLA intermittent leave, and how much time they can take
- Understand the impact recently decided federal cases have on your FMLA rights and obligations
- Train managers on the intermittent leave rules and make sure when they know when to refer employees to HR
- Give notice if the employee is, or is not, eligible for leave
- Determine restrictions that apply to the amount of leave taken
- Temporarily transfer employees to accommodate leave, without risking allegations of retaliation
- Use medical certifications and require re-certifications
- Maintain consistent leave policies and government-mandated posters
- Spot and fix patterns of intermittent leave abuse
- Request that leaves be planned (and requested) in advance as much as possible, without overstepping your legal bounds
- Investigate suspected abuse of intermittent/reduced schedule leave using social media
- Craft an effective, legally compliant policy on intermittent and reduced schedule leaves—and why it’s crucial to have such a policy
John Lai, Esq.
John Lai practices wage-and-hour litigation, workplace safety compliance and Cal-OSHA defense, FMLA and CFRA leave compliance, handbook policy counseling, and discrimination and harassment claims.
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All US States: 1.5
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FMLA, intermittent leave, leave abuse, retaliation
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