FMLA Compliance Update
FMLA disputes are among the top five issues that land companies in the courtroom. It’s been a big part of HR departments for 10 years now, and it has only grown in importance. Are you prepared?
Do you really know FMLA as well as you should?
Have you ever felt unsure of the steps you needed to take when an employee requested leave? Felt frustrated by an employee who you thought might be taking advantage of intermittent leave time? Wondered if you owed an employee on leave a bonus? FMLA is an extensive and often confusing law. Is it any wonder you find yourself second-guessing your decisions?
More than any other regulation, act or rule, FMLA affects your employees on a personal level. When your employees come to you for approval of FMLA time, they are likely facing a life-changing event — be it an illness, a death in the family, a new child, an injury or the care of a parent, among others.
Sometimes “no” is the only answer you can give — legally. But you want to be 100% sure that you’re denying leave based on facts, not hunches. Or, conversely, approving leave based on facts, not on an emotional employee’s pleas. The only way to protect your company from potential legal backlash is to let the law guide you. That’s what this critical workshop will do for you…get you up to date on the facts.
Course Outcomes
- Accurately determine employee eligibility for FMLA leave, clarifying common "gray areas"
- Identify and differentiate between the various types of leave and the qualifications for each
- Navigate the interplay between FMLA, ADA and Workers’ Comp to ensure compliant decisions
- Effectively manage and mitigate challenges with intermittent leave requests
- Protect your company by making legally sound decisions when approving or denying leave
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Course Agenda
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FMLA Compliance Update
FMLA disputes are among the top five issues that land companies in the courtroom. It’s been a big part of HR departments for 10 years now, and it has only grown in importance. Are you prepared?
Do you really know FMLA as well as you should?
Have you ever felt unsure of the steps you needed to take when an employee requested leave? Felt frustrated by an employee who you thought might be taking advantage of intermittent leave time? Wondered if you owed an employee on leave a bonus? FMLA is an extensive and often confusing law. Is it any wonder you find yourself second-guessing your decisions?
More than any other regulation, act or rule, FMLA affects your employees on a personal level. When your employees come to you for approval of FMLA time, they are likely facing a life-changing event — be it an illness, a death in the family, a new child, an injury or the care of a parent, among others.
Sometimes “no” is the only answer you can give — legally. But you want to be 100% sure that you’re denying leave based on facts, not hunches. Or, conversely, approving leave based on facts, not on an emotional employee’s pleas. The only way to protect your company from potential legal backlash is to let the law guide you. That’s what this critical workshop will do for you…get you up to date on the facts.
Session 1: An Overview of the FMLA
- How FMLA relates to state laws and federal discrimination laws
- How you can accurately determine who is an eligible employee
- Special rules for specific employee groups — is your company exempt?
Session 2: Types of FMLA Leave
- General requirements for FMLA, qualifying events and defining the family structure
- Why it’s harder than ever to determine what a “serious health condition” is and what the courts are saying about it
- “Rolling year,” “leave year,” “12-month period”...aren’t they the same under FMLA?
- Rolling 12 weeks — not annual 12 weeks: time-off parameters under FMLA
- FMLA leave types: continuous, reduced-schedule, intermittent leave
- Tracking intermittent leave
Session 3: FMLA Requirements and Responsibilities
- How to correctly figure paid and unpaid leave
- Medical certifications your employees must provide to protect your rights as an employer
- Actions you must take when an employee fails to satisfy certification requirements that won’t irreparably damage the work relationship
- How to bring employees back to work and comply with the ADA (reasonable accommodation), FMLA (physician’s release notice) and workers’ comp (light or modified duty) without violating their rights under any of the three
Session 4: Employer Obligations and Employee Rights
- Keeping track of the accrual of employee benefits during leave time
- COBRA and ERISA health benefits under the FMLA
- Identifying where FMLA, ADA and workers’ comp may overlap and which one takes precedence
- How the EEOC definition of “reasonable accommodation” could conflict with the ADA-FMLA-workers’ comp triangle
- What you need to do when forced to terminate an employee on leave
- What you can legally do when your employee fails to return from leave
Session 5: Accurate Documentation and Other Compliance Issues
- Employer record-keeping requirements under the FMLA
- Documenting intermittent leave
- What happens if an employer violates an employee’s FMLA rights?
- Sorting out liability and costs after a lawsuit