2022 FMLA Virtual Master Class: Basic Skills for Employee Leave Management
July 21-22, 2022 | 12:00 PM – 4:00PM Eastern, daily | Virtual
Day 1 - Mastering FMLA Fundamentals
July 21, 2022 | |
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12:00 p.m. - 1:00 p.m. EST |
FMLA Eligibility: Getting It RightEstablishing employee eligibility is the critical first step in administering FMLA leave, and it’s a step that’s easily overlooked in the flurry of notices and certifications that follow a request for leave. But confirming that employees are eligible to take requested leave in the first place sets the foundation for a fair and consistently applied leave program. This topic will also serve as the foundation for our program, as we’ll use this introductory session to briefly assess your current knowledge of FMLA fundamentals. We’ll also highlight recent trends and developments affecting leave and discuss how to proactively adjust your policies and practices to ensure compliance with the ever-changing regulatory, legal, and practical landscape. We’ll cover: • A quick overview of FMLA basic requirements; |
1:00 p.m. - 1:15 p.m. EST |
Break |
1:15 p.m. - 2:15 p.m. EST |
Managing Serious Health Conditions and Medical CertificationsAt the heart of many FMLA leave requests is the serious health condition. Whether the condition is the employee’s own or that of a covered family member, employers will often need additional guidance to assess whether a condition qualifies for FMLA leave. In addition, there are many things you can do to award leave time correctly and prevent FMLA abuse. Understanding your rights to request certification—and to delay or deny leave when certification is incomplete or insufficient—is an empowering tool in your leave toolbox. The DOL has proposed revisions to several model certification forms, which employers nationwide often use to administer FMLA leave. This session will cover the latest updates concerning the DOL’s proposed revisions and the practical impact this development could have on: • WH-380E Certification of Health Care Provider for Employee's Serious Health Condition; WH-380F Certification of Health Care Provider for Family Member’s Serious Health Condition; We’ll also discuss the process of requesting recertification in compliance with FMLA requirements, as well as the steps you must take if you wish to require a medical release for return to work (aka fitness-for-duty certification). You’ll learn: • How to spot a serious health condition on the FMLA certification; |
2:15 p.m. - 2:30 p.m. EST |
Break |
2:30 p.m. - 3:30 p.m. EST |
Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing ClaimsThe FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers: • How to give the four kinds of FMLA notices; |
3:30 p.m. - 4:00 p.m. EST |
Q&A with PresentersHave lingering questions about points raised during the first day of this intensive FMLA hypo-driven workshop, or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the presenting attorneys before you wrap up for the day. |
Day 2 - Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings
July 22, 2022 | |
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12:00 p.m. - 1:00 p.m. EST |
Mastering the Tough FMLA IssuesIt’s one thing to grasp individual FMLA rules, but it’s another thing entirely to put those pieces together in the real world. For example, intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an FMLA investigation by the Department of Labor (DOL)? This session will help you learn: • What “intermittent” means and how the 12-week FMLA entitlement is calculated when an employee takes intermittent or reduced-schedule; |
1:00 p.m. - 1:15 p.m. EST |
Break |
1:15 p.m. - 2:15 p.m. EST |
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave LawsThe FMLA appears comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with the FMLA. In this session, we’ll cover: • How the FMLA and the Americans with Disabilities Act (ADA) interact; |
2:15 p.m. - 2:30 p.m. EST |
Break |
2:30 p.m. - 3:30 p.m. EST |
Intensive Workshop: Applying Your KnowledgeDuring this highly interactive portion of the FMLA Master Class, your trainers, who are practicing labor and employment attorneys, will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned HR practitioners. You’ll have the opportunity to discuss issues with your presenters and fellow attendees to determine the correct course of action to take based on the facts presented and your knowledge of fundamental FMLA compliance principles. Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainers’ own experiences in advising clients—are interwoven into this engaging afternoon workshop, with the goal of providing you with actionable insights into the tricky FMLA issues that come up in daily work life. You’ll dive deep into:
• Certification submitted by the employee is not sufficient
• Certification of the need for intermittent leave
• Certification and specific information on reduced hours and expected duration
• How to “count” FMLA leave during holidays
• What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken
• Not able to return to work at the end of leave (ADA considerations) |
3:30 p.m. - 4:00 p.m. EST |
Q&A with PresentersStill have questions about items covered during this intensive FMLA training, or want to revisit a key idea or two from earlier in the course? Use this time to get clarification from the presenters before the workshop ends. |