Thinking About Taking FMLA Leave? Management Tactics You Should Know About

FAMILY AND MEDICAL LEAVE - SOME USEFUL INFORMATION AND STRATEGY FROM PHILADELPHIA AREA EMPLOYMENT LAWYERS

The attached Article discusses tactics that management can utilize to curb what the article refers to as "FMLA abuse."  Never mind that many FMLA Leaves come about because people get hurt or sick (against their will), or result from management's inability to curb workplace bullying (thereby creating extreme job stress for the victims). 

In any event, here are OUR counterpoints to this article's suggestions:

Rule Number 1 With a Bullet!

1) Require written leave requests for all absences: Although the FMLA does not require an employee to request leave in writing, an employer may impose such a requirement.  If your employer has such a policy, follow it.  However, we usually advise that employees tell employers of their need for FMLA leave via an e-mail to HR and their Boss.  That is so because employers cannot be liable for "retaliation" unless they know about the protected action (i.e. it is illegal to fire or demote someone because they take FMLA leave; employers who are accused of FMLA retaliation who were only notified verbally that an employee is taking FMLA leave will often deny that they were told about the FMLA leave; thus, the employer argues, we could not have fired him/her because they took FMLA leave because we did not know they were on FMLA leave).

2) Prepare a list of questions of people that call in sick:  Don't call in sick; advise them in an e-mail!; you are killing 2 birds with one stone.  The last thing you want to do when dealing with a serious health condition is subject yourself to grilling by an HR rep who is locked and loaded to deny you FMLA leave.

3)  Enforce usual and customary call-in procedures:  Again, send an e-mail.  See above.

4) Check in on the employee:  We tend to desire that our clients not take phone calls from work to be cross-examined by HR while they are out on FMLA leave.  If you get a call, write to the caller via e-mail and ask them to put whatever they need to know in writing.

Make Sure Your Doctor Completes and Sends this On Time!

5) Certify...and Recertify:  They can only do it every 30 days under the law.

No Ski Trips or Day at the Beach!

6) Surveillance:  Well, just because you or your loved one has a serious health condition does not mean you have to be a hermit!  You should not be taking FMLA unless you really need it.  However, if you take FMLA, you should not be skiing or at the beach during your absence.  However, going out to dinner or to the movies is OK.

Number 7 (audit) is not important to employees.

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

What Are My Employer's Obligations When I Request FMLA Leave?  Pennsylvania FMLA Attorneys

What is a "Serious Health Condition" Under the Family and Medical Leave Act (FMLA)?  Is the Flu Covered by FMLA?

FMLA, Short-Term Disability, Workers Compensation and Unemployment Compensation - How Do They All Fit Together?

Am I Eligible for Unemployment Benefits if I am Out on Family Leave?

New Jersey State Temporary Disability Insurance  - Contingent Fee Lawyers

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

Are Judgments or Settlements Under Family and Medical Leave Act Subject to W-2 Taxes and Withholding or Should They be Paid Under a 1099?

Short-Term Disability, Family Leave, ADA and Workers' Compensation - How They All Fit Together

Mandatory Sick Leave in Philadelphia - You Cannot be Punished for Taking Time Off Due to Illness or Injury of You or a Family Member

Ten Things that Trouble Human Resources - The Tricky Part of FMLA Leave Made Simple - Common Problems and Issues for HR Professionals

Hope that you found this helpful!

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Pennsylvania Family Leave and Disability Attorney

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