Mastering FMLA Certifications: Combat Abuse and Make the Right Call on Leave

Mastering FMLA Certifications Webinar Recording

The Healthcare Provider Certification Form may seem like an objective tool that HR managers can use to determine whether to grant or deny FMLA leave requests. But the certification and recertification process isn’t always so cut and dry. Although obtaining the information to complete the forms may seem daunting, taking the time to do so can only benefit your organization.

Consider these examples:

• Recently, a court ruled that an employer lawfully discharged an employee whose completed medical certification form merely stated that she had post-traumatic stress disorder and required medical treatment, therapy, bed rest, medication, and 120 days off from work. The employer concluded that the note was insufficient to support the request for leave and it asked the employee to provide more documentation. When she refused, she was discharged, and according to the court, the employer’s actions were legitimate.
• In another recently decided case, an employer discharged an employee who failed to substantiate his need for FMLA leave by providing a medical certification on his claimed condition (prostate cancer). It turned out the employee lied about being absent to obtain radiation treatment—and about having cancer. Of course, no HR manager wants to think that employees would lie about their need for FMLA-protected leave, but as this case illustrates, unfortunately, it can happen.

Knowing how to effectively and systematically use medical certifications can help you determine who should be approved for leave and even realize when a fraudulent claim has been made. And perhaps most importantly, it can help prevent costly lawsuits. 

Participate in this interactive webinar, and you'll learn:

• Whether an employee "calling in sick" without additional information triggers an employer’s FMLA obligations to obtain a medical certification
• When employees must provide a medical certification to support leave requests
• The time frame for providing the employer with the requested medical information and the best practices for granting extensions
• Key issues you must be prepared to handle regarding medical certifications
• Questions to ask when reviewing the medical certification to determine if it supports the request for leave
• Questions you may ask the HCP if the certification isn’t giving what’s needed to make a proper designation decision
• How to justify your right to seek clarification when certifications are vague, incomplete, or ambiguous
• What you can do if you doubt a medical certification—and signs that an employee might be trying to pull a fast one
• What to do when an employee presents a self-diagnosis
• Whether you must assume that all medical absences subsequent to a diagnosis on a chronic, serious health condition are related to that condition
• The circumstances that legally warrant a second or third medical opinion
• Tips for getting the HCP to respond with information that’s necessary for you to determine if FMLA leave should be granted
• When it’s reasonably safe to deny leave based on the medical certification that has been provided
• When you should use recertifications and fitness-for-duty certifications
• Whether you may legally require a separate doctor’s note for a paid leave request when the employee seeks to take that leave concurrently with unpaid FMLA leave
• A rundown on the new certification forms, published in February
• If proposed final regulations regarding military exigency leave affect medical certifications
• And more

In just 90 minutes, you'll learn how to effectively process employee leave requests using medical certifications. Register now for this informative event risk-free.

This webinar was recorded on Friday, June 29, 2012

Mastering FMLA Certifications: Combat Abuse and Make the Right Call on Leave

About Your Speaker:

Attorney Michael E. Barnsback is a partner at DiMuroGinsberg. He represents clients in all aspects of federal and state employment law litigation, from administrative hearings before the Equal Employment Opportunity Commission and local human rights commissions to formal trials in federal court. He also regularly counsels clients on FMLA issues and teaches the annual FMLA Master Class sponsored by BLR/HR Hero.