FMLA Hot Topics Training Class

Course ID: 21252

FMLA Hot Topics Training Seminar

This year is proving to be one of major change to the Family and Medical Leave Act (FMLA). First was the extension of the FMLA to families of military personnel, followed closely by the issuance of proposed changes to the FMLA regulations. There are sure to be more changes as the year goes on. Plus, this past year was loaded with new case law developments that you have to know about to legally administer FMLA leave.

This program will get you up to speed on all of the statutory and regulatory changes that are occurring now, along with the latest from the courts as they continue to issue cases interpreting the FMLA.

A few of the topics we will cover include:

An update on critical new changes
The latest developments that clarify confusing eligibility and leave entitlement requirements
What we've learned about using medical certifications to verify that a serious health condition exists
How to protect your organization from retaliation claims when disciplining or terminating employees who have used (or plan to use) FMLA leave


	Agenda
	8:30 am On the FMLA Horizon: Proposed Legislation and Emerging Issues Pending legislation: What's on the table and what is likely (or not) to become law What we can learn from recent DOL Opinion Letters Emerging trends and common FMLA pitfalls 10:30 am Clarifying the Confusing Employee Eligibility and Leave Entitlement Requirements Recent court cases you must know about to understand employee eligibility requirements Is "I'm sick" sufficient notice that an employee needs FMLA leave? Understanding the role of light duty as FMLA leave DOL issues opinion letter on when a dental plan is a health plan that must be continued during leave The effect of disability benefits on the employer's right to require the use of accrued paid leave during FMLA leave Clarification on what the courts approve as an equivalent job Prorating bonuses based on the use of FMLA leave: What you can do and what you can't do Ending protected leave for employees who do not intend to return to work 11:30 am Using the Medical Certification Process to Verify That a Serious Health Condition Exists Defining the term "serious health condition" for an employee or family member When is an employee needed to care for a family member? Medical certification forms: What to look for and when to request additional information How your vacation and sick leave policies may limit your ability to ask for medical certification Working with health care providers to ensure you get the information you need to decide if a condition qualifies for leave Using second and third medical opinions and why they are important if the employee's health condition becomes a subject of litigation When and why you can request recertification The limitations of fitness-for-duty certification: Be careful not to require too much 1:30 pm FMLA Recordkeeping Compliance and Leave Management Records you must keep to comply with the FMLA regulations Employer posting and notice requirements Getting the information you need from an employee to know that absences are for an approved intermittent-leave purpose Tracking intermittent leave: Understanding the time units you can count The growing case for integrated FMLA, disability, and health management Interactive exercise: Filling out WH-381, Employer Response to Employee Request for Family or Medical Leave 2:30 pm Walking the FMLA Tightrope: Protecting Your Organization from FMLA Retaliation Liability When Disciplining and Terminating Employees Understanding the difference between interference claims and retaliation claims and why it matters The steps you must follow when disciplining or terminating an employee for poor performance during or after FMLA leave Avoiding liability when terminating an FMLA-protected employee for violent behavior Employee severance agreements: Can employees waive FMLA rights? When supervisors and managers can be individually liable for FMLA violations 3:15 pm Juggling Multiple Leave Issues at the Same Time: Coordinating FMLA, ADA, PDA, and Workers' Comp Benefits On the horns of a dilemma: Does approving FMLA leave show you regard an employee as disabled under the ADA? When the use of FMLA leave is evidence that an employee can't perform the essential job function of attendance Understanding the different roles the FMLA, PDA, ADA, and workers' comp play Areas where the FMLA, PDA, ADA, and workers' comp overlap and how to analyze overlap issues