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 percent 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: 3 hours
Session 1: Debunking Common Misconceptions About FMLA Leave
- The top 10 mistakes made when dealing with FMLA and how to avoid them
- 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 an employee back to work and comply with the ADA (reasonable accommodation), FMLA (physician’s release notice) and workers’ comp (light or modified duty) without violating his or her 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
- How FLSA’s “pay docking” policy affects your employees
- Keeping track of the accrual of employee benefits during leave time
- Health benefits and FMLA leave (COBRA, ERISA, etc.)
- Times you can be held personally liable for FMLA violations
Session 5: Maintaining Total FMLA Compliance at All Times
- What you need to do when forced to terminate an employee on leave
- How to reinstate employees on leave and the exemption for highly compensated employees
- What exactly constitutes an “equivalent position” under FMLA?
- 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: Special Section: 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