Overview:

The Family and Medical Leave Act (FMLA) became effective August 5, 1993. It provides eligible employees with up to 12 workweeks of unpaid, job protected leave in a 12-month period for specified family and medical reasons, or for any "qualifying exigency" arising out of the fact that a covered military member is on active duty, or has been notified of impending call or order to active duty, in support of a contingency operation.

The FMLA also allows eligible employees to take up to 26 workweeks of job-protected leave in a "single 12 month period” to care for a covered service member with a serious injury or illness. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employees and promote equal employment opportunity for men and women. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• For the birth and care of the newborn child of an employee
  
• For placement with the employee of a child for adoption or foster care
  
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
  
• To take medical leave when the employee is unable to work because of a serious health condition

FMLA abuse is on the rise. One of the biggest FMLA frustrations for employer is knowing what to do with an employee who appears to be abusing and fraudulently using approved leave for non-FMLA purposes. Many employers feel helpless.  Employees that abuse FMLA create a negative impact on company productivity, cause problems with customer service and employee morale; as well as increased costs via administration, overtime, covering shifts, etc. Some employers reported experiencing as much as a 30% absenteeism rate, on any given day, due to FMLA abuse. Confusing regulations, along with numerous recent changes to the law, as well as, conflicting court decisions, cause FMLA to be one of the biggest compliance headaches for employers. It is crucial that employers identify and terminate FMLA abusers; however, employers must proceed with caution when dealing with FMLA abuse; as the cost of violating the law can be massive. For instance, a fired Chase Manhattan Regional Manager won a federal jury verdict of more than $2.2 million in an employment discrimination suit alleging violation of the Family and Medical Leave Act.  

Dealing with FMLA abuse can be difficult. Rooting out the FMLA abuse takes diligence on the employer's part to track patterns of leave. Often time it is advantageous for employers to request recertification. This webinar will assist employer with effective strategies to identify, investigate, and terminate FMLA abusers. Employers will also learn when it is appropriate to deny FMLA requests.

Why should you attend: One of the biggest FMLA frustrations for employers is knowing what to do with an employee who appears to be abusing and fraudulently using approved leave for non-FMLA purposes. Many employers feel helpless.  Employees that abuse FMLA create a negative impact on company productivity, cause problems with customer service and employee morale; as well as increased costs via administration, overtime, covering shifts, etc. Some employers reported experiencing as much as a 30% absenteeism rate, on any given day, due to FMLA abuse. Confusing regulations, along with numerous recent changes to the law, as well as, conflicting court decisions, cause FMLA to be one of the biggest compliance headaches for employers. It is crucial that employers identify and terminate FMLA abusers; however, employers must proceed with caution when dealing with FMLA abuse; as the cost of violating the law can be massive. For instance, a fired Chase Manhattan Regional Manager won a federal jury verdict of more than $2.2 million in an employment discrimination suit alleging violation of the Family and Medical Leave Act.

Areas Covered in the Session:

• What is FMLA
  
• Which employers are covered
  
• Creating and/or updating the employee leave policy
  
• Determining the appropriate “leave year” period to implement
  
• Which employees are entitled to FMLA
  
• The definition of a “serious health condition”
  
• Eligible reasons for leave
  
• Employee notice(s)
  
• Determining Health Care Providers
  
• Calculating leave entitlement and intermittent leave
  
• What fraud is
  
• Patterns of abuse
  
• How to investigate suspected FMLA abuse
  
• How to deal with FMLA abusers
  
• Recertification
  
• When to deny an FMLA request
  
• When to transfer an employee covered under FMLA
  
• How to terminate an employee on FMLA

Who Will Benefit:

• HR Managers
  
• HR Generalists
  
• HR Assistants
  
• Business Owners
  
• Consultants
  
• Managers
  
• Supervisors
  
• Anyone who is responsible for administering FMLA