FMLA Certifications: How to Use Medical Evidence to Properly Designate or Deny Leave and Curb Abuse
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Got a headache? Chances are it's from FMLA leave administration. FMLA leave regularly tops many HR managers' lists of tricky and downright confusing matters that come up in everyday practice.
But you don't have to suffer through the nagging pain that FMLA leave often creates.
There are many things you can do to award leave time correctly and prevent FMLA abuse, including developing sound policies and using medical certifications. Knowing how to systematically use medical certifications can help you determine who should be approved for leave and even realize when a fraudulent claim has been made. And most importantly, it can help prevent costly lawsuits.
In order to identify, correct, and prevent abuse using all of the tools at your disposal, it's crucial for you to understand the latest FMLA regulations so you can keep your organization on the right track.
- Current FMLA certification forms the Department of Labor has issued, including those covering qualified exigency and military caregiver leave, so you can be certain you're using the right ones
- Common misconceptions about what constitutes a "serious health condition"
- Best practices for requesting medical certifications in support of FMLA leave requests
- How long to give an employee to present a revised certification when you need clarification or additional information on a claimed condition
- Best practices for communicating with employees when they haven't submitted timely medical certifications or the information provided is insufficient or incomplete
- Your right to request recertification of leave, how often you can exercise that right, and how far you can go to request recertification when you suspect an employee of abusing the system
- When it's a good idea to request a second - or in some cases a third - medical opinion
- Tips on how to get healthcare providers to provide you with the detailed information you need to properly designate or deny leave without overstepping your bounds
- Examples of language a healthcare provider may use that indicates you don't have an obligation to grant FMLA leave
- Questions you can ask the healthcare provider to determine if the employee's stated reason for being out matches the pattern of absences expected due to his claimed condition
- The game plan for using FMLA certifications to curb intermittent and reduced-schedule leave abuse, including the dreaded "Monday/Friday syndrome"
- Pointers on how to legally hold an employee accountable to her obligation to provide sufficient and complete certification to justify the need for protected leave
- When it's generally safe to deny leave based on the medical certification you've received
- And more
In just 90 minutes, you'll learn how to spot and stop FMLA abuse in the workplace. Register now for this informative event for HR professionals.
About your presenter:
Attorney Francine Esposito has been a labor and employment practitioner for more than 20 years. As a partner with Day Pitney, she regularly represents employers before various administrative agencies, at labor arbitrations, in employment-related litigation, and conducts harassment and other workplace investigations. Ms. Esposito also has extensive experience in designing and conducting training for employers on a wide array of employment-related topics, including but not limited to, harassment and discrimination awareness, diversity, FMLA, interviewing and hiring, wage and hour compliance, conducting internal investigations, effective documentation, effective employee relations, and union avoidance. She also regularly provides advice to employers regarding all aspects of the employment relationship.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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