2012 FMLA Compliance Virtual Summit: Advanced Challenges and Solutions for Employers
2012 FMLA Compliance Virtual Summit Recording
Do you know how to react when an employee abuses rights granted by the Family and Medical Leave Act? What can you do when an employee requests intermittent leave for only Fridays and Mondays? How can you prevent unscrupulous individuals from "gaming" the system without risking a lawsuit?
Learn how to stop leave abuse, end painful administrative headaches, and get straight answers to your most complex compliance questions by participating in the interactive extended web seminar: "2012 FMLA Compliance Virtual Summit: Advanced Challenges and Solutions for Employers."
“2012 FMLA Compliance Virtual Summit” addresses your toughest employee leave law questions:
- How do the EEOC's latest ADA regulations affect FMLA compliance?
- How does FMLA apply to substance abuse and mental health situations when an employee intentionally keeps such conditions secret?
- What are the pending legislation and regulatory changes that should concern employers?
- How does the Genetic Information and Nondiscrimination Act (GINA) affect FMLA documentation policies?
- What is considered FMLA leave fraud and what isn't
- When interactive process is required or allowed under the ADA
- And much more...
Your Virtual Summit Agenda:
(All times below are Eastern – please adjust for your time zone.)
Session 1: 11:00 a.m.-11:30 a.m.
What’s New and Hot with FMLA
Two years ago, significant changes were made in the FMLA arena, from the EEOC’s ADA and GINA regulations to the DOL’s extension of leave to cover children of same-sex parents. In February 2012, the DOL proposed additional FMLA-related changes that would alter the rules on qualifying exigency leave for employees with family members in the regular armed services. What do the recent changes and the DOL’s proposed rule changes mean for your organization? Learn how to adjust your policies and procedures in light of all the changes
- What the DOL’s proposed changes on qualifying exigency leave specifically cover, and what to expect from the DOL since the public comment period ended
- How the EEOC’s latest ADA regulations may affect FMLA compliance
- How the Genetic Information and Nondiscrimination Act affects FMLA documentation procedures
- How FMLA applies to nontraditional family settings, such as the children of domestic partners, extended family members who act as caregivers, and those who have temporary custody of a child during the parent’s absence
Session 2: 11:30 to 12:30 p.m
Managing Intermittent Leave and Controlling FMLA Abuse
When employees repeatedly take intermittent leave for their own or a family member’s long-term health condition, it can be disruptive. You want to follow the law’s requirements, but you’re wary of employees gaming the system. Learn how to keep track of and verify an employee’s need for intermittent leave without triggering legal headaches. Get up to date on these issues and more:
- Policies and procedures to minimize intermittent leave problems
- Concurrent leave
- Moonlighting policy
- Fraud policy
- Call-in requirements/status reports
- Verifying the need for intermittent leave
- Specific certification required
- Medical necessity
- Enforcing employee notice requirements
- Requiring a doctor’s note for each absence
- Tracking intermittent leave
- Minimum increments of leave
- Scheduling foreseeable leave
- Supervisor training and diligence required
- Challenging an employee’s need for intermittent leave
- Verifying and authenticating certifications
- Second and third opinions
- Recertifications and annual certifications
- Verifying employee’s absence pattern with healthcare provider
- Transferring employees who use intermittent leave
Break: 12:30 p.m.-12:45 p.m.
Session 3: 12:45 p.m.-1:30 p.m.
How to Maximize Witness Interviews to Uncover the Facts
When does an employee’s behavior cross the line from FMLA abuse to fraud? What additional strategies can you use to address suspected fraud? For example, what should you do about an employee who “coincidentally” requests leave every time there’s a big sporting event or concert in town? Or one who suddenly remembers he has a health problem after his request for vacation time is denied? Participate in this interactive session, and you'll learn about:
- What fraud is and isn’t
- Working another job on leave
- Activities that contradict (or don’t contradict) medical certification
- Using leave for something other than the stated reason
- Suspicious leave patterns
- Applying certification strategies to suspected fraud
-The pros and cons of surveillance
- Other evidence-gathering
Extended Conference Break: 1:30 p.m.-2:15 p.m.
Session 4: 2:15 p.m.–3:15 p.m.
Navigating the Overlapping Requirements of FMLA, ADA, and Workers’ Comp
With the recent changes to FMLA and ADA, much of what has been standard procedure can no longer be followed. In this session, learn how to navigate the new treacherous triangle-- without losing your wits. In addition:
- Applicability of all three laws
- When FMLA and ADA both apply
- When FMLA and workers’ comp both apply
- When all three laws apply
- The overlap between serious health conditions and disabilities, including the types of conditions that are likely to qualify as both
- When an impairment might be a disability but not a serious health condition
- Other situations in which an employee may be eligible for leave under ADA but not FMLA
- Handling leave requests when the employee might be disabled, but hasn’t requested an accommodation
- Offering other accommodations to disabled employees as an alternative to FMLA leave
- Concurrent leave: FMLA and worker’s comp
- Paying other leave benefits while employee is receiving workers’ comp
-Paid leave after workers’ comp runs out
- Additional leave and other accommodations after disabled employee has exhausted FMLA leave
- Leave to care for a disabled family member and “association” discrimination under ADA
Session 5: 3:15 p.m.-3:45 p.m.
Return-to-Work Issues and Terminations
An employee’s FMLA rights don’t end when she returns to work. The law requires you to return her to an equivalent job with equivalent pay and benefits. In many situations, employees may want to return to work but are unable to return to their regular jobs. Learn more about implementing strong procedures for dealing with an employee’s return to work or exhaustion of leave:
- Notice of intent to return to work
- Timing of return to work
- Equivalent job, pay, and benefits
- Exceptions to reinstatement requirement
- Requiring a fitness-for-duty certification - Notice requirements
- What type of documentation can be required
- Intermittent leave
- Returning an employee to work with medical restrictions
- Offering light duty to an employee who is out of leave but unable to return to regular job
- Reinstatement rights after light duty
- Terminating an employee who is unable to return to work
Afternoon Break: 3:45 p.m.-4:00 p.m.
Session 6: 4:00 p.m.-4:30 p.m.
Handling Mental Health and Substance Abuse
Administering FMLA leave can be particularly difficult when an employee suffers from a mental or emotional condition or has a substance abuse problem. Because employees frequently try to hide such conditions, your only notice that they need FMLA leave may be their conduct, attendance, or performance problems. In this session, learn how to handle these sensitive issues without being accused of discrimination or privacy violations:
- When absences caused by mental conditions or substance abuse qualify for FMLA protection
- Certifying FMLA leave for mental health or substance abuse when the employee doesn’t ask for it
- How to avoid regarding an employee as disabled in violation of the ADA
- When an interactive process is required or allowed under the ADA
- How communications with family members should be handled
Session 7: 4:30 p.m.-5:00 p.m
Your Toughest FMLA Questions Answered
Perplexed by an unusual FMLA leave request or problem? This session gives you the forum to have your FMLA questions answered. Our panel of experts will answer your FMLA questions and help you master the law’s intricacies and inconsistencies
Get answers to these questions and dozens more at this intensive webinar loaded with “use it now” guidance and practical steps for retaking control of leave management. You'll learn the latest techniques for addressing even the most complex leave situations, how to meet the new FMLA recordkeeping requirements, and how significant regulatory revisions have forever changed the way you should manage your leave policies.
2012 FMLA Compliance Virtual Summit: Advanced Challenges and Solutions for Employers
About Your Speakers:
Attorney Stacie L. Caraway, a partner in the law firm of Miller & Martin PLLC, is a national employment law adviser, litigator, and trainer. She advises national, regional and local employers concerning general employment and labor law issues; develops, reviews, and updates human resource policies and supporting agreements; and represents employers in local, state and federal legal proceedings including EEOC and state human rights commission investigations, mediations and lawsuits throughout the United States. Ms. Caraway is a frequent speaker at national, state and local employment law symposiums on topics ranging from the Family and Medical Leave Act and the Americans with Disabilities Act to wage and hour law or harassment, discrimination or retaliation issues. She also provides in-house training and counsel on these and other employment law issues relating to hiring, discipline, accommodations, and terminations. She also practices entertainment law by designing and reviewing management, artist, agent and recording contracts.
Attorney Kara E. Shea provides practical advice on employment issues and compliance to national, regional, and local employers of all sizes, ranging from Fortune 500 companies to small businesses, in a variety of industries. She also represents employers before administrative agencies such as the Equal Employment Opportunity Commission and in litigation, including discrimination, retaliatory discharge, whistleblower, and wage and hour cases, including class actions. Ms. Shea has briefed cases presented to both the Tennessee Supreme Court and the United States Supreme Court. Ms. Shea regularly speaks on employment-related topics and provides supervisory training on topics including FMLA and FLSA compliance, conducting workplace investigations and implementing employee discipline. Ms Shea is the co-author of a comprehensive guide to wage and hour compliance. Ms Shea has also been a regular columnist for the Nashville City Paper and is the co-editor of the Tennessee Employment Law Letter. Ms. Shea also practices in the area of intellectual property, including trade secrets, trademarks, and copyright matters