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FMLA Absences: How To Manage Reduced And Intermittent Leave And Avoid Abuse

The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take leave and keep their jobs on a reduced schedule.

As you may already know, reduced-schedule and intermittent leaves can be an administrative nightmare for HR. How do you track the time? How much time are employees entitled to take? How do you distinguish between legitimate requests and patterns of leave abuse? What types of documentation are you allowed to seek from employees and/or their doctors?

Don’t get caught in the complex web of FMLA’s intermittent leave and reduced-schedule rules. Join us when attorney Marylou Fabboof Skoler, Abbott, & Presser will give you an up-to-date review of what FMLA requires of employers, and what HR can do to manage intermittent leaves and reduced schedules legally, and effectively, while avoiding abuses.

Learning Objectives
  • Confirm an employee is eligible for FMLA intermittent leave, and how much time is allowed
  • Train managers on the intermittent leave rules and make sure when they know when to refer employees to HR
  • Give notice if the employee is, or is not, eligible for leave
  • Determine restrictions that apply to the amount of leave taken
  • Temporarily transfer employees to accommodate leave—without risking allegations of retaliation
  • Use medical certifications and require re-certifications
  • Maintain consistent leave policies and government-mandated posters
  • Spot and fix patterns of intermittent leave abuse
  • Request that leaves be planned (and requested) in advance as much as possible, without overstepping your legal bounds
  • Investigate suspected abuse of intermittent/reduced schedule leave using social media
  • Craft an effective, legally compliant policy on intermittent and reduced-schedule leaves, and why it’s crucial to have such a policy
  • And much more!
About Your Presenter

Marylou Fabbo, Esq.
Partner
Skoler, Abbott, & Presser, PC

Marylou Fabbo practices in all areas of employment litigation. She provides counsel to management on taking proactive steps to reduce the risk of legal liability that may be imposed as the result of illegal employment practices, and defends employers who are faced with lawsuits and administrative charges filed by current and former employers.

Ms. Fabbo is a frequent speaker on employment-related topics. She conducts extensive management training, is a published author and an active participant in the community, and has repeatedly been recognized as a Super Lawyer by Boston Magazine.
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