Course Details

FMLA Certifications: How To Get The Medical Information You Need To Properly Designate Leave And Decrease Abuse

Webinar: ID# 1037082
Recorded On-Demand
About This Course:
Does time off from work to visit with school administrators about an employee’s child’s behavioral issues constitute protected time off under the Family and Medical Leave Act (FMLA)? What about if the meeting is specifically to address the child’s individualized education plan (IEP)? Does that make a difference? Perhaps, according to a new opinion letter the Department of Labor has issued.

Or, what about when an employee has a consistent case of “the Monday/Fridays”—calling out from work and using the need for intermittent FMLA leave as the reason. How can you be sure the absences are legitimate?

Enter the medical certifications: an HR manager’s friend in the fight against potential FMLA abuse, FMLA certifications are a useful tool for assessing whether protected leave under FMLA should be authorized in the first place,and a very good way to help crack down on suspected abuse.

Unfortunately, the certification process is far from straightforward, and the law limits your ability to question an employee’s intentions or request additional information.

Consider, too that the DOL has proposed revisions to several model forms, which employers nationwide often use to administer FMLA leave, specifically:
  • WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition
  • WH-380-F Certification of Health Care Provider for Serious Health Condition of the Family Member
  • WH-381 Notice of Eligibility and Rights and Responsibilities;
  • WH-382 Designation Notice
  • WH-384 Certification of Qualifying Exigency for Military Family Leave
  • WH-385 Certification for Serious Injury or Illness of a Current Servicemember for Military Family Leave
  • WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave
Join us for the latest on the DOL’s proposed revisions to these model FMLA forms and to learn how to master the key steps of requesting and interpreting FMLA certifications, including how to legally get the information you need from a healthcare provider—and even detect potential abuses of the system.What You'll Learn:
  • How to structure the use of medical certifications
  • What you can ask for on a FMLA certification form
  • When a second or third opinion is permissible under FMLA regulations
  • What rights employees have during the FMLA certification process
  • What to do if the employee provides an insufficient FMLA certification – or none at all
  • How to handle employee use of intermittent leave under the FMLA
  • How to address when an employee is chronically out on Mondays and/or Fridays
  • Practical recommendations on preventing FMLA leave abuse in your workplace
  • And more!
FMLA Certifications: How To Get The Medical Information You Need To Properly Designate Leave And Decrease Abuse
or via On-Demand
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