A Practical and Legal Guide
The Family and Medical Leave Act entitles eligible employees to job-protected leave, but does it protect them from discipline or termination? The answer is not black and white. Employers seeking to discipline or discharge employees on leave must proceed cautiously - missteps may result in costly claims of leave interference, discrimination or retaliation. This program will provide employers with a guide for conducting legally compliant discipline while an employee is out on leave. Learn how to handle prior performance issues, spot the warning signs of leave abuse, and deal with tricky intermittent leave challenges - order today!
- Review the FMLA and understand how it interacts with the Americans with Disabilities Act.
- Determine whether a disciplinary action is legal or discriminates against the employee.
- Learn what to do when an employer has an honest belief of FMLA fraud or leave abuse.
- Acquire best practices to protect your company from discrimination, retaliation and leave interference claims.
10:00 AM to 1:15 PM Eastern Standard Time
10:00 - 11:30, Jeffrey R. Caccese
- The Family Medical Leave Act (FMLA): Essentials for Employers
- Covered Employers
- Eligible Employees
- Qualifying Conditions
- Interplay with the Americans with Disabilities Act (ADA)
- Challenges for Small Employers
- Recent FMLA Developments and Updates
- Discipline, Termination and Employees on FMLA Leave: A Legal Guide
- Ensuring that Reasons for Discipline/Termination are Non-Discriminatory
- When an Employee's Performance Suffers While on Intermittent Leave
- Uncovering Prior Performance Issues While an Employee is on Leave
- Adjusting Employee Performance Expectations: When Does FMLA Require It?
- FMLA and Performance Improvement Plans
- Layoffs and Workforce Reductions: When Employees on Leave are Impacted
- Responding to Insubordination or Misconduct While on Leave
- Case Study: Terminating an Employee on FMLA Leave
11:45 - 1:15, Jeffrey R. Caccese
- What to Do When You Suspect FMLA Abuse, Fraud or Other Leave Misconduct
- Common Types of Leave Abuse - And How to Spot Them
- "Honest Belief" of Fraud and Abuse: Is it Enough?
- Requesting Additional Information from Employees: Legal Issues
- Properly Using an Employee's Social Media Posts as Evidence of FMLA Abuse
- Intermittent Leave Abuse: Dealing with Excessive Absences and Other Attendance Violations
- When to Request Medical Recertification for Employees on Intermittent Leave
- Investigation Techniques that Won't Lead to Lawsuits
- Practical Tips for Gathering Evidence and Building Your Case
- Presenting Employees with Evidence of Leave Abuse: Legal and Practical Considerations
- Guarding Against Claims of Interference, Retaliation and Discrimination
- Making Sure Supervisors and Managers Know the Law
- Maintaining Accurate and Up-to-Date Job Descriptions
- Documenting Performance Issues
- Timing Considerations for Discipline and Termination
- Issues with Interaction Between FMLA, ADA and Workers' Compensation
This program is designed for human resource professionals. Attorneys, accountants and paralegals will also benefit.