One of the tricky things about managing intermittent leave is the fine line of what you can and can't ask for while still respecting and trusting your employees. It's also an evolving law.
Just in February, a judge said that an employer's policy requiring a note for each absence after an employee was approved for intermittent leave was unlawful. The requirement, the court explained, was like treating every absence as a new period of leave for which employees need to be approved, and that's in conflict with FMLA's recertification procedures.
Employers struggle with figuring out how to provide the leave guaranteed under the law without putting undue burdens on themselves. That's a struggle that's bedeviled employers since the law went into effect more than 2 decades ago.
In fact, dissatisfaction over the use of intermittent leave was identified as the "single most serious area of friction between employers and employees seeking to use FMLA leave," according to the Department of Labor.
This 90-minute webinar will walk you through real-life situations that arise under FMLA and managing intermittent and reduced schedule leave, and will offer tactics on how to successfully and legally manage your way through even the most complicated of scenarios. The more you know, the better off you and your company will be.
- How to tell what types of absences should be classified as intermittent or reduced schedule leave under FMLA
- The supervisor or manager's role in helping you properly designate leave
- Must-have call-in and attendance procedures to abide by
- How often you can request recertification when the medical certification notes a specific duration of time
- When clarifying the need for leave with the medical provider is permitted, and when you may want to consider getting a second or third opinion
- What you can do to try and ensure that employees are only out for medical treatment at non-mission-critical work times
- When a temporary transfer to another position is warranted to minimize disruptions to your workplace
- What you must be sure to do when transferring an employee temporarily to an alternative position
- What you can do to cure employees who've got a case of the "Monday/Friday call-in syndrome"
- Legal strategies for verifying employees' stated reasons for their absences
- How far your right to request recertification goes when you suspect an employee of abusing the system
- How to get the FMLA medical certifications you need to authenticate intermittent or reduced schedule leave without overstepping federal legal bounds
- How to enforce your call-in and attendance policy in compliance with federal law to effectively curb FMLA intermittent leave abuse
- How to properly calculate the leave entitlement for an exempt employee who works in excess of 40 hours per week
Participate in this advice-rich webinar and get tips to identify, correct, and prevent FMLA compliance problems so you can effectively manage all intermittent leave issues.
About Your Presenter
Attorney Allen Kato's practice concentrates exclusively on advising employers in all aspects of employment law, including equal employment opportunity, leaves of absences, wage and hour, wrongful termination, privacy, employment agreements and compensation plans, unfair competition, and trade secret matters. He also trains managers and human resources professionals on a regular basis.
Kato holds a bachelor's degree from the University of California, Davis, and a law degree from the McGeorge School of Law at the University of the Pacific. He is a member of the California Bar.