Best Practices In Managing FMLA Leave
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|| Audio Conference|
he majority of employees nationally now qualify to take leave under the Family and Medical Leave Act (the FMLA). Each year tens of millions do. Understanding the regulations implementing this statute is the first step to both compliance and managing employees use of FMLA leave.
Join us to learn best practices for administering your FMLA leave program and coordinating it with your other types of leave. Mastery of these tools, together with proper and consistent application of your leave program, is the key to mitigating your risk of FMLA lawsuits, managing leave usage, and preventing abuse.
Back to Basics – A Quick Summary of the Statute
Best Practices in Managing FMLA Leave
- Coverage and Eligibility
- Employer Obligations
- Employee Obligations
- Military Service Related Leaves
- Key Definitions to Know
Strategies for Controlling Intermittent and Reduced Schedule Leave
- Notice and Recordkeeping
- Certifications, Clarifications and Recertification
- Paid and Unpaid Leave, Stacking the Deck
- Foreseeability, Intermittent Leave and Reduced Scheduling
- Who Is a Family Member and Service Member?
- Interplay Between FMLA, ADA and Workers' Compensation Leaves
- Case Studies
The End Game
- Transfers and Related Scheduling Changes to Accommodate Intermittent Leave
- Recommended Changes to Your Leave and Notice Policies
- Investigation and Discipline of Fraudulent FMLA Use
- Managing Risk - The Floodgate Effect vs. Sending a Message
- Case Studies
FacultyJames K. Cowan Jr., Esq.
- Return-to-Work Issues
- Termination of Employees While on FMLA Leave
- Checklist for Making the Termination Decision
- Chairman and Founder of CowanPerry PC, resident in the firm's Blacksburg, Virginia, office
- Practice focuses on labor and employment counsel, and litigation
- Represents a number of employers in the mid-Atlantic region, ranging from high-tech start-ups to large manufacturers
- 18 years litigation experience in federal and state courts across Virginia defending wrongful discharge claims, claims for relief under the Family Medical Leave Act and Fair Labor Standards Act, disability discrimination claims under the Americans with Disabilities Act, age discrimination claims under the Age Discrimination in Employment Act, and claims of sexual harassment, and race and gender discrimination under Title VII of the Civil Rights Act of 1964
- Focuses on assisting clients with compliance obligations under the FLSA, FMLA, ADA, ADEA, Title VII, and Executive Order 11246 compliance, including preparation of affirmative action plans and responding to OFCCP audits
- Frequent speaker and corporate trainer for companies on sexual harassment, employment discrimination, FMLA and ADA compliance, the Fair Labor Standards Act, diversity and affirmative action, conducting workplace investigations, hiring and firing, and union free management
- Member of the Virginia State Bar; the Virginia Bar Association, Labor Relations and Employment Law Section; board member for the New River Valley Society for Human Resource Management; currently serves as general counsel to the New River Valley Economic Development Alliance, and as chairman of the New River Valley Regional Executive Council
- Listed in The Best Lawyers in America®, Labor and Employment Law; selected as a Virginia Super Lawyer in Employment and Labor
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