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Intermittent and Reduced Schedule Leave Challenges: How to Track and Manage to Avoid FMLA Abuse - On-Demand

Intermittent and Reduced Schedule Leave Challenges: How to Track and Manage to Avoid FMLA Abuse - On-Demand

Product Code: YEWA121819A

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Intermittent and Reduced Schedule Leave Challenges: How to Track and Manage to Avoid FMLA Abuse - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to manage and face the challenges of FMLA intermittent and reduced schedule and how to legally avoid abuse of leave by employees.


FMLA provides job protection for employees who need to take time off from work for a serious health issue for them or a family member, insuring these employees will be able to keep their jobs despite the time off. However, managing an employee’s FMLA (or other) leave—especially when it’s not taken in a solid chunk of time but is intermittent or involves a reduced schedule—can be a nightmare for HR. Navigating the guidelines around this law can be challenging to say the least, and instances of abuse of protected leave are not uncommon.

Once an employee has provided medical certification for leave from their doctor, the employer must approve the leave. However, the employer can also establish policies to track scheduled time off or intermittent leave. And employers can also temporarily reassign an employee who is taking scheduled time off, as long as the reassignment doesn’t discourage an employee from taking leave and has equivalent pay and benefits.

Most employees will not abuse their intermittent leave, but abuse of intermittent leave is the hardest to uncover. Employers can take steps to reduce the chances of abuse by establishing call-in policies, tracking time off, and requiring recertification when that comes due. Find out more about the challenges facing HR with FMLA intermittent leave, and how to go about managing these challenges while complying with the law.

Use this on-demand webinar with Todd Ewan, a partner with Fisher Phillips LLP’s labor and employment practice group. who will share the ins and outs of managing intermittent and reduced schedule leave—and what you can legally do to put a stop to FMLA abuse.

You’ll learn how to:

  • Work to manage an employee’s leave for the least disruption to the organization—investigate whether an alternative position is an option
  • Develop a leave of absence policy that complies with FMLA and ADA
  • Develop practices to track and record time off to compare to the time allowed
  • Create a call-in policy for all absences
  • Know when you can ask for recertification or involve a doctor
  • Train frontline management and supervisors on FMLA
  • Lawfully use surveillance and social media to investigate suspicious intermittent leave
  • Decide if suspicion of leave abuse may require going so far as hiring an investigator
  • And much more!

About Your Presenter

Todd Ewan

Todd Ewan, Esq.
Fisher Phillips LLP

Todd Ewan is a partner with Fisher Phillips in the Philadelphia and Pittsburgh office and co-chair of the firm's Litigation Practice Group. His practice focuses on defending employment-related claims in federal, state, and administrative venues as well as advising clients on statutory compliance issues. He is routinely involved in cases in which discrimination based on race, gender, age, disability, national origin, and/or religion have been alleged as well as cases in which former employees have claimed sexual harassment, breach of employment contract, defamation, and wrongful termination.

Additionally, Ewan provides training and guidance to employers with respect to complying with employment statutes including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA). Clients also ask him to prepare employee handbooks, personnel policies and procedures, employee contracts and separation agreements, and to provide seminars to employees regarding statutes and/or policies with which they need to be familiar.

Ewan frequently speaks about topics related to labor and employment laws. He was recognized in Pennsylvania Super Lawyers – Rising Stars in 2006 and 2007. He was also selected for inclusion in The Best Lawyers in America in 2017, 2018, 2019 and 2020.