You'll learn ...
- How to discipline employees before, during and after leave-and terminate, if necessary
- How to determine which medical conditions are considered "serious" according to the most recent changes to FMLA law
- How to properly reinstate and transfer returning workers
- How to clarify the many gray areas when determining FMLA eligibility
- And more!
From recognizing what a serious health condition is ... to complying with expanded FMLA coverage for military families ... to gaining control of intermittent leave ... to coordinating leave under the ADAAA, Worker's Comp and other overlapping legislation ... a "good working knowledge" of the FMLA is not enough. You need not only the very latest information on how court rulings and interpretations are changing your rights and obligations but also cutting-edge tools for applying the law decisively in your workplace. The answer? Our new regulatory update workshop-FMLA Compliance Update. In one day, you'll quickly gain the detailed knowledge and in-depth understanding you need to confidently and correctly administer leave under the FMLA's evolving rules-both now and in the future.
Program hours: 9:00 a.m. - 4:00 p.m.
Up-to-the-minute court developments
- A valuable overview of changing FMLA requirements-and what the new rules are
- Key areas of the law being scrutinized by the courts
- Keep in step with how federal courts are rewriting the FMLA rules-and affecting your day-to-day decisions
- Update on the Department of Labor's final regulations governing the FMLA and your new rights and responsibilities
- What's ahead? Preparing for future FMLA changes and challenges
Employer designation and notification "hot spots" and how they impact you
- Your employee notice requirements ... key changes from the recently revamped FMLA regulations
- Examine the new, tighter notice requirements and how they are actually a good change for employers
- What's considered a "serious health condition"-how the new regulations are making it more difficult than ever to decide what qualifies and what doesn't
- How the definition of "work site" is creating complications for employers and employees alike
- NEW: If the employee doesn't ask for "FMLA leave," you don't have to give it-true or false?
- How changes in the FMLA make calculating the tricky "12-month period" even trickier
- Keeping employees informed of how much leave they've used and how much is left-the way the law requires
Properly require medical certifications and recertifications
- Grasping the changing definition of "health care provider"-who qualifies now?
- Applying your new rights as an employer when confirming the validity of an employee's medical certification
- When paid leave is substituted for unpaid leave-how your right to request medical information changes
- Specific things to consider when an employee refuses to give you permission to gain additional medical information
- Resolving conflicting medical opinions-your options when health care providers don't agree
- How to spot holes you may not even realize exist in your recertification practices
The latest twists in administering intermittent and reduced-schedule leave
- Gain firm guidelines on handling the many questions that can arise when granting intermittent leave
- When Department of Labor auditors come knocking-will your intermittent-leave record keeping pass the test?
- When you may have to extend FMLA beyond 12 weeks
- The power of clear communication between employees and their managers in minimizing FMLA scheduling problems
- The latest guidelines for deciding which days or hours to use for intermittent and reduced-schedule leave
- Certain conditions that must be met before transferring an employee using intermittent leave to another position
Manage the changing legal realities of reinstating returning employees
- When it is your absolute right to refuse to restore an employee to an equivalent position
- Return-to-work medical certificate issues that managers are most apt to mishandle
- How to sort through all the confusing issues when restoring employees to their previous positions
- Is it really an "equivalent" position? Why it's important you get this right
- The special case of key employees: Do you understand your rights and obligations-and theirs-regarding job restoration?
Discipline-and terminate, if necessary-employees under the FMLA
- Planning to terminate an employee under FMLA leave? What you need to know first
- The importance of keeping the FMLA out of negative employment decisions
- Unique disciplinary situations that can arise under the FMLA-and their practical solutions
- A problem employee requests FMLA leave-does that change your plans to terminate him or her?
- Solutions for dealing with employees on FMLA leave who "moonlight"
- How to adequately protect yourself from retaliation claims
Coordinate leave under the FMLA and other overlapping laws
- The ADAAA? Workers' Comp? State laws? Why navigating overlapping laws is one of the toughest problems for managers
- A helpful rule of thumb to follow when deciding which leave law applies when
- How an employee can have a "serious health condition" but not be covered for a disability under the ADAAA
- When Workers' Comp leave may count against an employee's FMLA leave
- Pregnancy and the FMLA: Strategies that will get you through every tough situation
- What you need to know about the "interactive process" under the ADAAA
- Re-examining your light-duty policies and options
Avoid the biggest mistakes managers make
- Administering the FMLA in today's workplace-a 10-point checklist for managers
- 2 areas where supervisors are most likely to be held personally liable for FMLA violations
- What courts that have addressed the issue of "individual liability" are finding
- Privacy and medical information under the new FMLA and who can-and can't-directly contact health care providers
- Where to turn to find the latest court decisions and opinions you need to stay on top of
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.
Program time: 5 hours
Session 1: Debunking common misconceptions about FMLA leave
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?
How to untangle the knot caused by having two spouses working for your company
Session 2: Know your company’s rights under FMLA
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?
Court decisions about the expanded rights for unmarried domestic partners
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
Session 3: The complex — and often confusing — relationship among FMLA, ADA and workers’ comp
Identifying where each law overlaps the others and which one takes precedence
How the EEOC definition of “reasonable accommodation” could conflict with the ADA-FMLA-workers’ comp triangle
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: Crossing your FMLA “T’s” and dotting your “I’s” safely and legally
How to correctly figure paid and unpaid leave
Keeping track of the accrual of employee benefits during leave time
Health benefits and FMLA leave (COBRA, ERISA, etc.)
Session 5: Maintaining total FMLA compliance at all times
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
A layman’s guide to the legal repercussions and penalties for noncompliance of FMLA regulations
Session 6: Understanding FMLA & intermittent leave
FMLA leave types: continuous, reduced-schedule, intermittent leave
Documenting intermittent leave under FMLA
Tracking intermittent leave
Rolling 12 weeks — not annual 12 weeks: time-off parameters under FMLA
Registrations for classes must originate from either the United States or Canada.Cancellations and substitutions:
Cancellations received up to five working days before the seminar is refundable, minus a ($10 for one-day event and $25 for two-day event) registration service charge. After that, cancellations are subject to the entire seminar fee, which you may apply toward a future seminar. Please note that if you don’t cancel and don’t attend, you are still responsible for payment. Substitutions may be made at any time.
Continuing Education Credit: Continuing Education Credits are based on program length and completion in accordance with the National Task Force for Continuing Education guidelines. Please contact your professional licensing board or organization to verify specific requirements.