2024 Advanced FMLA Virtual Master Class: Uncovering Expert Skills for Maximum Compliance

Agenda

*All Times are in Eastern
12:00 pm –  4:00 pm Eastern / 9:00 am –  1:00 pm Pacific each day

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Day 1  :  Beyond the Basics: Conquering Complex FMLA Challenges from the Beginning

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12:00 PM. – 12:05 PM        
Speaker Introduction

12:05 PM – 1:05 PM          
FMLA Overview: FMLA Eligibility, Notices, and Policies

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 just 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;
    • Managing FMLA for flexible schedules: tracking regular and intermittent leave;
    • How to apply a minimum increment of leave—and protect against tracking errors; 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 before heading into a Break. Recap the steps for calculating leave, inquire about your organization's leave policies and more; make sure you leave this segment with no questions unasked!

1:15 PM – 1:50 PM
Cautious Communication: Working with Employees, Physicians, and Others During the FMLA Process 

An increase in FMLA-related lawsuits and a rise 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 of the amount of FMLA leave that will be permitted;
    • Giving notice if the employee is or is not eligible for FMLA leave;
    • Balancing communication with employees: updates, frequency, rapport, and boundaries;
    • The correct way to resolve any disputes between you and an employee seeking leave; and
    • Essential training on FMLA compliance for managers: ensuring proper steps for requests, returns, and more.

1:50 PM – 2:30 PM
Proper and Complete FMLA Certifications

It seems simple enough, but the FMLA certification and recertification process isn’t always cut and dried. 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;
    • Determining pre-notice employee absences: calculating leave taken before certification or notice;
    • What to do when a medical certification/recertification is incomplete or unclear;
    • Legal risks of contacting employee physician without appropriate circumstances;
    • Your options when an employee or physician doesn’t cooperate with obtaining the required certifications;
    • Determining "reasonable basis" for employee certification/recertification of serious health condition;
    • 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.

2:30 PM – 2:40 PM
Break

2:40 PM – 3:30 PM
Watch Out: Recognizing, Combating, and Preventing FMLA Abuse

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;
    • What supervisors can and should ask when they suspect an employee is abusing FMLA leave;
    • Disciplining workers for insufficient documentation of repeated absences: attendance policy essentials;
    • How to identify tampering on certification forms;
    • When you should investigate suspected abuse of intermittent/reduced schedule leave using social media;
    • Surveillance of FMLA abusers: considerations and limitations on permissible actions; and
    • How to prevent retaliation or leave interference claims when investigating FMLA abuse.

3:30 PM – 4:00 PM
Day 1: Q&A Session    

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 presenter before you wrap up for the day.

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Day 2 :  Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

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12:00 p.m. – 1:00 p.m.          
FMLA Musts: Mastering the Tough FMLA Issues

If dealing with the FMLA was simple, employers and Human Resources professionals across the country would have mastered FMLA compliance long ago. It’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)?

The key to avoiding liability and mastering the toughest FMLA issues is to notify employees of their rights, determine if a serious health condition exists, and then designate the leave as FMLA leave, as appropriate. This session will help you learn:

   • Conducting comprehensive FMLA self-audit: recordkeeping, training, leave procedures, and more;
   • What to do if an employee refuses FMLA designation;
   • How to manage intermittent and reduced-schedule leave;
   • When employees can fall in and out of FMLA protection based on their use of leave;
   • Managing goal setting and bonuses for employees on FMLA leave;
   • Entitlement to FMLA leave with multiple qualifying events occurring simultaneously; and
   • When and how to terminate an employee who is on FMLA leave.

 

1:00 p.m. – 1:15 p.m.
Break

1:15 p.m. – 2:15 p.m.
Altogether Now: Coordinating the FMLA with the ADA, Workers’ Comp, and State Family Leave Laws

The FMLA is pretty 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. It can be a struggle for employers to figure out how to provide the leave guaranteed under federal and state laws without putting undue burdens on themselves.

Failing to recognize the concurrent application of the FMLA and other laws opens you up to administrative complaints and lawsuits. You need to know when other laws create different (and sometimes additional) obligations—and how their requirements work in tandem with the FMLA. In this session we’ll cover:

  • Similarities and critical differences between the FMLA, ADA, workers' compensation, and more;
  • Common mistakes to avoid when coordinating FMLA leave and complying with additional leave laws;
  • How to evaluate whether your FMLA forms are legally compliant with all federal and state regulations;
  • How to coordinate state and federal leave when covered family members differ;
  • When you can require employees to take FMLA leave concurrently with other types of leave; and
  • Recent developments in federal and state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends.

 

2:15 p.m. – 2:30 p.m.
Break

2:30 p.m. – 3:30 p.m.
Applying Your Knowledge

During this highly interactive portion of the Advanced FMLA Master Class, your trainer will walk you through a series of scenarios demonstrating the complex real-life FMLA issues that stump even the most seasoned employers and human resources practitioners. 

You’ll have the opportunity to discuss issues with your trainer 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 trainer’s 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:

1. Medical certifications and what to do when:

    • The employee does not provide you with sufficient certification
    • The employee does not return the certification
    • The employee refuses to update the certification if the need for leave changes
    • The employee does not submit fitness-for-duty certification at the end of the leave

2. Communication & Leave:

    • Require certification of the need for leave
    • Confirmation an employee is eligible for FMLA leave and how much time is allowed
    • Specific information on when leave is needed and the expected frequency and duration
    • What to do if an employee uses more leave than expected
    • Abuse of FMLA leave (Mondays and Fridays and/or before and after holidays)

3. Discipline & Termination:

    • 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
    • Addressing performance issues that arise during intermittent or reduced-schedule leave
    • Addressing performance issues discovered while an employee is on leave
    • Reductions in force while the employee is on FMLA leave

4. Return to work—what to do if an employee is:

    • Not able to return to work at the end of leave (ADA considerations)
    • Cleared to return to work with restrictions
    • Temporarily unable to perform essential functions
    • Unable to perform essential functions in the long term

 

3:30 p.m. – 4:00 p.m.
Day 2: Q&A Session and Closing

Still, have questions about points raised during this intensive FMLA training, or want to revisit a core idea or two from earlier in the day? Use this time to get clarification from the speaker before the course comes to a close.