Curbing FMLA Abuse: How To Manage Manipulative Employees

Webinar: ID# 1028833
Recorded CD or On-Demand
About This Course:
Compliance with the Family and Medical Leave Act (FMLA) can be an onerous task for employers and is only complicated by the potential for abuse of the law by manipulative, but also sometimes simply uninformed employees.

Employers are often unaware of the avenues available to it in the event it suspects an employee is abusing the privileges afforded under the law.

This webinar will help employers, human resource professionals, office managers and administrators implement appropriate FMLA procedures, identify warning signs of potential abuse by its employees and to take the steps necessary to root out and eliminate those instances of abuse. In addition, the material will help bring the human resource professional up-to-date on the most recent case law dealing with FMLA leave.


FMLA Basics
  • Covered Employers, Covered Employees
  • Permitted Reasons – 12 Workweeks of Unpaid Leave for Following:
  • Birth of Child, Adoption of Child
  • Immediate Family Member
  • Employee's Serious Health Condition
Areas Prone to Abuse
  • Chronic Medical Condition
  • Intermittent/Reduced Schedule Leave
  • Medical Condition Must Be Best Accommodated Through Such Leave
Signs of Abuse
  • Previously Declined Vacation Request
  • Absences Coincide With Weekends/Holidays
  • Regularly Calling out on Assigned Days/Weekends/Shifts
  • Pattern of Requesting FMLA Leave Around Holidays or Events (Super Bowl)
  • More Absences Than Approved
  • Difficult to Prove It's Abuse
  • Activities That Conflict With Approval
  • Social Media Posts
  • Not With Supposedly Ill Family Member
Fact Patterns/Case Law Addressing Potential Abuse
  • Last-Minute Notice of Need to Take FMLA Leave
  • Absences That Exceed Certification
  • Combined Recuperation/Vacation Absence
  • Caring for Relative for Conditions Outside Scope of Certification
Tools to Combat Abuse
  • Written P&Ps/Usual and Customary Practices
  • CallOuts
  • Uniform Request for Absence Form
  • Second Jobs
  • Attendance
  • Use of Script to Gain Pertinent Information From EE
  • Medical Certification
  • Verification or Clarification From MD
  • Insufficient Certification, Recertification
  • 2nd Opinions
  • FitnessForDuty Certifications
Best Practice Tips
  • Appropriate Controls in Place
  • Medical Certification/Recertification
  • 2nd Opinions
  • Look for Patterns
  • Address Non-FMLA Performance Issues
About The Presenters

Timothy M. Medcoff
  • Partner at Farhang & Medcoff, PLLC
  • Defends clients in the areas of product liability, insurance claims, and medical, labor/employment and commercial litigation
  • Has comprehensive trial and litigation experience from investigating claims to defending pharmaceutical and medical device companies and tire, crane and heavy equipment manufacturers in liability and wrongful death matters; also worked with numerous insurers and national rental car companies in personal injury and wrongful death litigation
  • J.D. degree, cum laude, University of Arizona; graduate, University of Dundee, Scotland; B.A. degree, cum laude, University of California, Los Angeles
Adam T. Peterson
  • Attorney in the Employment and Commercial Litigation Group of Farhang & Medcoff, PLLC in Tucson, Arizona
  • Practice emphasizes all aspects of labor, employment and commercial matters
  • Conducts regular seminars and workshops on OFCCP and FMLA compliance
  • J.D. degree, Marquette University; B.A. degree, the University of Arizona
Curbing FMLA Abuse: How To Manage Manipulative Employees
Available on CD or On-Demand formats
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