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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

FMLA: What is ‘timely and complete’ certification?

If an employee’s FMLA certification form is incomplete or vague, you don’t have to accept it; you can deny FMLA leave.

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Is this pregnancy absence FMLA, PWFA or both?

We are an employer covered by the FMLA. We have an employee who is pregnant and understand we need to accommodate her pregnancy-related conditions that lead to tardiness or absences. Do we track these separately? Or do we track this as FMLA leave, too?

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Yes, you can fire workers who take FMLA leave

Certainly, terminating a worker after he was just approved for FMLA leave might seem suspicious and prompt a lawsuit. But if you can show a judge the employee’s poor disciplinary or performance history, courts will likely toss out the case.

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Must we grant FMLA leave for elective cosmetic surgery?

We have an employee requesting FMLA leave for elective cosmetic surgery. She has the appropriate physician certification paperwork because there will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition? Do we have to grant FMLA leave, or should the employee take vacation time for this?

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How do we handle FMLA certifications when the practitioner is overseas?

I have an employee who is getting treatment overseas. As the employer, what, in addition to the medical certification, can we request? What if an employee receives care from a different kind of practitioner than we have in the U.S.?

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Know the 3 main symptoms of FMLA fraud

HR’s best weapon against FMLA fraud is to be alert to the main symptoms and how to combat them.

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Discover work mistakes during FMLA? Here’s what to do

Employees who take FMLA leave are protected from retaliation for doing so. That’s led to the mistaken belief among some employees that they can’t be disciplined or fired while on leave. That’s not the case—if you can show you would have disciplined or fired the worker even if she wasn’t on leave.

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A Half-Hour Absence. Seven Years of FMLA Fallout.

A recent court ruling related to FMLA leave and pregnancy holds vital lessons for employers.

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Late paperwork subject to reasonable accommodation

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

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Intermittent leave offer, no certification returned: Can we require employee to take FMLA leave?

If we offer intermittent leave to an employee to care for an ailing parent, but he won’t present a medical certification, can we require him to take FMLA leave?

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