2022 Advanced FMLA Virtual Master Class: Uncovering Expert Skills for Maximum Compliance

The Family and Medical Leave Act (FMLA) is a complex legal beast. Even the most seasoned of employers and Human Resources professionals can become ensnared in the maze of federal and state FMLA rules and regulations. But calculating and tracking employee leave under the FMLA isn’t as simple as keeping an attendance record. The math can get complicated! Having 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 will set the foundation for our program. We will provide a helpful road map for navigating complex and advanced FMLA situations you may encounter. We will 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 FMLA landscape. Some areas we will cover include:

• A brief overview/review of FMLA basic requirements;
• Advance notice you can legally require before honoring leave requests in certain instances;
• Policies and procedures your organization MUST have in order to track leave accurately;
• How to calculate and manage regular and intermittent FMLA leave taken by employees who routinely work a flexible schedule, part-time, or overtime; and
• The hazards of failing to track all FMLA leave and how to prevent them.

Wrap up the session and get your questions answered in real time, as our expert speakers conclude the session before heading into a break. Recap the steps for calculating leave, inquire about your organization's leave policies, and more; this short time is designed to make sure you leave this segment with no questions unasked!

An increase in FMLA-related lawsuits and an increase in the number of FMLA leave requests due to more public awareness of the law has created a compliance nightmare for employers. The multiple federal and state FMLA laws have created confusion about what law applies at what time and how previous laws interact with new laws.

Whether the serious health 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. While the regulations do provide some assistance, it’s important to understand just how critical the initial medical certification/recertification process is for employers. Understanding your right to request certification/recertification—and to delay or deny leave when it is incomplete or insufficient—is an empowering tool in your leave toolbox. This session will cover the latest updates concerning the impact communication (before, during, and after FMLA leave) can have on:

• Your FMLA leave policy with employees—and having a policy readily available—and why it’s so important;
• The importance of proper FMLA-related correspondence;
• Notifying an employee with the amount of FMLA leave that will be permitted;
• Giving notice if the employee is or is not eligible for FMLA leave;
• Communicating with your employees and determining what you can ask for in terms of updates, how often you can ask, and how to maintain good relationships even when asking probing questions;
• The correct way to resolve any disputes between you and an employee seeking leave; and
• Why training employees in FMLA compliance is essential—and pointers on how to ensure that managers know the proper steps to take to respond to requests, returns to work, etc.

It seems simple enough, but the FMLA certification and recertification process isn’t always cut and dry. And although obtaining the necessary information to complete the proper leave forms can sometimes seem daunting, taking the time to do so can only benefit your organization. In this part of the session, you’ll learn:

• How to ensure that you’re following certification/recertification guidelines within the proper timeframe;
• How to calculate an employee’s absences before he or she provided notice of need for leave (or before certification);
• What to do when a medical certification/recertification is incomplete or unclear;
• When you should or should not contact an employee’s physician and the legal dangers when calling an employee’s physician;
• Your options when an employee or physician doesn’t cooperate with obtaining the required certifications;
• When requiring certification/recertification of an employee's serious health condition is considered "on a reasonable basis;”
• The general “do's and don’ts” of return-to-work certifications; and
• When it’s reasonably safe to deny leave based on the medical certification that has been provided.

Responding appropriately to FMLA leave requests while keeping your organization running smoothly can certainly seem like a daunting task. To minimize disruption in your workplace, you've got to know how to detect and deal with employees who abuse FMLA. Stopping leave abuse requires an understanding of what you can and cannot do under the law. And while walking this compliance tightrope raises many questions, one thing is clear—no employer should be afraid to hold employees accountable for their actions for fear of legal entanglements, especially since FMLA rules and regulations set forth the right to limit FMLA abuse.

Sometimes the writing is on the wall, like Monday/Friday absences and midday doctor’s appointments. Some abuse may be more subtle, but regardless of what the employee is doing to work the system, the question is—what can you legally do about it? This session covers:

• How to identify and investigate when an employee misuses or abuses FMLA leave;
• Attendance policy essentials for taking disciplinary action against workers who don't provide adequate documentation for repeated absences;
• How to identify tampering on certification forms;
• When you should investigate suspected abuse of intermittent/reduced schedule leave using social media;
• How far you can go to catch an FMLA abuser in the act—and what you need to consider before conducting surveillance of an employee; and
• How to prevent retaliation or leave interference claims when investigating FMLA abuse.

Have lingering questions about points raised during the first day of this intensive Advanced 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 attorneys before you wrap up for the day.