FMLA Hot Topics Agenda

Seminar: ID# 1002904

This course is available in both in-person and video conference formats.

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Agenda

8:00 am: Registration

8:30 am
On the FMLA Horizon: Proposed Legislation and Emerging Issues

• Pending legislation: What's on the table and what is likely (or not) to become law
• What we can learn from recent DOL Opinion Letters
• Emerging trends and common FMLA pitfalls

10:30 am
Clarifying the Confusing Employee Eligibility and Leave Entitlement Requirements

• Recent court cases you must know about to understand employee eligibility requirements
• Is "I'm sick" sufficient notice that an employee needs FMLA leave?
• Understanding the role of light duty as FMLA leave
• DOL issues opinion letter on when a dental plan is a health plan that must be continued during leave
• The effect of disability benefits on the employer's right to require the use of accrued paid leave during FMLA leave
• Clarification on what the courts approve as an equivalent job
• Prorating bonuses based on the use of FMLA leave: What you can do and what you can't do
• Ending protected leave for employees who do not intend to return to work

11:30 am
Using the Medical Certification Process to Verify That a Serious Health Condition Exists

• Defining the term "serious health condition" for an employee or family member
• When is an employee needed to care for a family member?
• Medical certification forms: What to look for and when to request additional information
• How your vacation and sick leave policies may limit your ability to ask for medical certification
• Working with health care providers to ensure you get the information you need to decide if a condition qualifies for leave
• Using second and third medical opinions and why they are important if the employee's health condition becomes a subject of litigation
• When and why you can request recertification
• The limitations of fitness-for-duty certification: Be careful not to require too much

1:30 pm
FMLA Recordkeeping Compliance and Leave Management

• Records you must keep to comply with the FMLA regulations
• Employer posting and notice requirements
• Getting the information you need from an employee to know that absences are for an approved intermittent-leave purpose
• Tracking intermittent leave: Understanding the time units you can count
• The growing case for integrated FMLA, disability, and health management
• Interactive exercise: Filling out WH-381, Employer Response to Employee Request for Family or Medical Leave

2:30 pm
Walking the FMLA Tightrope: Protecting Your Organization from FMLA Retaliation Liability When Disciplining and Terminating Employees

• Understanding the difference between interference claims and retaliation claims and why it matters
• The steps you must follow when disciplining or terminating an employee for poor performance during or after FMLA leave
• Avoiding liability when terminating an FMLA-protected employee for violent behavior
• Employee severance agreements: Can employees waive FMLA rights?
• When supervisors and managers can be individually liable for FMLA violations

3:15 pm
Juggling Multiple Leave Issues at the Same Time: Coordinating FMLA, ADA, PDA, and Workers' Comp Benefits

• On the horns of a dilemma: Does approving FMLA leave show you regard an employee as disabled under the ADA?
• When the use of FMLA leave is evidence that an employee can't perform the essential job function of attendance
• Understanding the different roles the FMLA, PDA, ADA, and workers' comp play
• Areas where the FMLA, PDA, ADA, and workers' comp overlap and how to analyze overlap issues