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FMLA Abuse: Identify, Fight, and Prevent Leave Fraud in Your Organization - On-Demand

FMLA Abuse: Identify, Fight, and Prevent Leave Fraud in Your Organization - On-Demand

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FMLA Abuse: Identify, Fight, and Prevent Leave Fraud in Your Organization - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn HR best practices for legally curbing and preventing FMLA abuse.



The Family and Medical Leave Act (FMLA) provides qualifying employees with job-protected leave when they need time off from work for reasons such as the serious health conditions of themselves or their family members. At first glance, it seems pretty straightforward, and the FMLA provides an important and valuable benefit to many employees.

However, as with any well-intentioned right or benefit, there will always be individuals who exploit the system. Employers often struggle with abuse and fraud of FMLA leave yet feel uncertain how they can protect their own financial and business needs. Fortunately, though family and medical leave remains one of HR’s biggest challenges, the law’s regulations and some recent court rulings provide paths for fighting back against fraud and abuse of the law.

For example, decisions handed down last year by the Fourth and Sixth Circuits have clarified when termination for FMLA fraud is warranted. In the Fourth Circuit, the court ruled that if an employer investigated and discovered FMLA fraud by an employee, they could lawfully terminate them. And, the Sixth Circuit ruled that an employer could lawfully terminate an employee who had pictures on social media revealing she was not using FMLA for permissible purposes.

Employers must comply with their obligations under the FMLA while vigilantly remaining alert to potential FMLA abuse. Walking this compliance tightrope raises many questions, such as:

  • If you suspect your employee is claiming FMLA for non-qualifying reasons, what can you do?
  • How do you handle an employee who always takes FMLA intermittent leave around the weekends or near holidays?
  • How far can and should you go when taking steps to determine if an employee is abusing his or her FMLA right?
  • When is it okay to get second opinions on medical decisions?
  • What about asking for recertification? And is it ever worth hiring a private investigator?
  • Who’s a covered family member?


Use this on-demand webinar when attorney Miranda Watkins of Fisher Phillips LLP offers practical advice on what measures you can take to identify FMLA fraud, discourage it from happening, or put a stop to it if it does happen.

Here’s what we’ll cover:

  • Keys to identifying FMLA abuse (patterns of time off, etc.)
  • How to lawfully use surveillance and social media to investigate suspicious FMLA use
  • New laws and regulations from federal or state agencies that may affect FMLA monitoring
  • How much time is enough time to establish a pattern of abuse
  • The importance of training frontline supervisors on FMLA policies
  • When to get a second opinion to determine whether the employee/family member has a serious health condition
  • Once an employee is certified for FMLA, when is it legally acceptable to require recertification
  • Call-in policies and procedures as a means to control intermittent leave
  • The importance of requiring notice before time off
  • Keeping communication open with employees using FMLA—how to ask about their status periodically
  • And much more!

About Your Presenter:

Miranda Watkins, Esq.Miranda Watkins, Esq.
Associate
Fisher Phillips LLP

Miranda Watkins is an associate in Fisher Phillip LLP’s San Diego office. She is passionate about counseling businesses of all sizes on their day-to-day labor and employment issues, offering preventative advice and tools to protect employers. She also litigates cases on variety of issues, including disability discrimination claims, leaves of absences, wage and hour claims, retaliation and wrongful termination. She represents employers in a range of industries in all areas of labor and employment law. Before joining Fisher Phillips, she worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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