2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management

Next Masterclass: Wednesday, July 12 – Thursday, July 13, 2023

Program Length: 8 hours

In 2021, there were over 280 cases of Family Medical Leave Act (FMLA) discrimination reported by the U.S Department of Labor, which is an increase compared to 2020's total of 266 cases. While FMLA discrimination is down compared to 2019 and years prior, it is clear that employers are still interfering with employees' FMLA rights.

Additional data from last year also reveals that roughly 430 employees were impacted by FMLA interference, costing employers almost $1.5 million in back wages and other penalties. With the liability risks involved when improperly administering FMLA leave, this topic has become increasingly popular in the business world—and even the most seasoned employment attorneys will agree that mastering this law is tough.

Since FMLA is a tricky beast even for experienced HR professionals, imagine how frontline supervisors and managers must feel when faced with leave issues. What should they know about employee eligibility, or asking questions related to medical status and the reason for being out or late to work?

To minimize legal risks, your organization must be up to speed on fundamental FMLA requirements and know the FMLA basics so it can recognize the decisions that could present legal liabilities for the organization—and what better way than with our 2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management.

Join us for a live, interactive FMLA master class. Uncover compliance basics and be on your way to becoming a master of the FMLA with this special virtual workshop.

Through this informative training, your HR managers will be able to simplify their organization's leave program and also learn:

• How to determine FMLA eligibility quickly and easily;
• What qualifies as a serious health condition;
• Tips and guidance for “gray area” conditions, including multiple concurrent conditions;
• The “do’s and don’ts” of return-to-work certifications;
• Handling suspected FMLA abuse without running afoul of the law;
• How to manage intermittent and reduced-schedule leave;
• How the FMLA and the Americans with Disabilities Act (ADA), as well as other various leave laws and workers’ comp rules, overlap;
• And more!

2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management

Agenda

*All Times are in Eastern
12:00 p.m. –  4:00 p.m. Eastern / 9:00 a.m. –  1:00 p.m. Pacific each day

Day 1—Mastering FMLA Fundamentals

12:00 p.m. – 12:05 p.m.
Presenter Introduction

12:05 p.m. – 1:05 p.m.
FMLA Eligibility: Getting It Right

Establishing employee eligibility is the critical first step in administering FMLA leave, and it’s a step that’s easily overlooked in the flurry of notices and certifications that follow a request for leave. But confirming that employees are eligible to take requested leave in the first place sets the foundation for a fair and consistently applied leave program.

This topic will also set the foundation for our program, as we’ll use this introductory session to briefly assess your current knowledge of FMLA fundamentals. We’ll also highlight recent trends and developments affecting leave and discuss how to proactively adjust your policies and practices to ensure compliance with the ever-changing regulatory, legal, and practical landscape.

We’ll cover:

• A quick overview of FMLA basic requirements;
• How to determine FMLA eligibility quickly and easily;
• Whether having fewer than 50 employees automatically relieves an employer from FMLA obligations—and what to watch out for
• Whether an employee must work a continuous one-year period to be considered an eligible employee
• How the FMLA rules and related court decisions affect key definitions, such as who qualifies as a covered family member;
• How the FMLA is interpreted as allowing leave to employees to care for other family members suffering from a serious health condition; and
• A discussion of state-specific FMLA laws, which provide more job-protected leave and have lower thresholds for application; and
• Recent trends and developments affecting leave.

1:05 p.m. – 1:15 p.m.
Break

1:15 p.m. – 2:15 p.m.
Managing Serious Health Conditions and Medical Certifications

At the heart of many FMLA leave requests is the serious health condition. Whether the condition is the employee’s own or that of a covered family member, employers will often need additional guidance to assess whether a condition qualifies for FMLA leave. In addition, there are many things you can do to award leave time correctly and prevent FMLA abuse. Understanding your rights to request certification—and to delay or deny leave when certification is incomplete or insufficient—is an empowering tool in your leave toolbox.

The DOL has proposed revisions to several model certification forms, which employers nationwide often use to administer FMLA leave. This session will cover the latest updates concerning the DOL’s proposed revisions and the practical impact this development could have on:

• WH-380E Certification of Health Care Provider for Employee's Serious Health Condition; WH-380F Certification of Health Care Provider for Family Member’s Serious Health Condition;
• WH-381 Notice of Eligibility and Rights and Responsibilities; WH-382 Designation Notice;
• WH-384 Certification for Military Family Leave for Qualifying Exigency;
• WH-385 Certification for Serious Injury or Illness of a Current Servicemember for Military Caregiver Leave; and
• WH-385V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

We’ll also discuss the process of requesting recertification in compliance with FMLA requirements, as well as the steps you must take if you wish to require a medical release for return to work (aka fitness-for-duty certification).

You’ll learn:

• How to spot a serious health condition on the FMLA certification;
• Tips and guidance for “gray area” conditions, including multiple concurrent conditions;
• How to obtain additional information and how to verify when the initial medical certification is vague or incomplete;
• What to check when an employee wants leave to attend special education meetings for his or her child;
• Your options when an employee or doctor doesn’t cooperate with obtaining the required certifications;
• How to handle recertification requests;
• How to prepare a successful and practical return to work policy;
• Tips for calculating leave for light-duty assignments; and
• Return to work strategies that work, and strategies that can backfire.

2:15 p.m. – 2:30 p.m.
Break

2:30 p.m. – 3:30 p.m.
Meeting FMLA Deadlines: Notification, Curbing Abuse, and Preventing Claims

The FMLA is ruled by deadlines for giving and receiving information, for measuring how much leave has been taken, and for determining how much leave employees have remaining in a given year. A good grasp of timing rules—and learning how to monitor other key areas of FMLA usage—can help you prevent abuse of FMLA entitlements and fend off litigation. This session covers:

• How to give the four kinds of FMLA notices;
• What to do if an employee refuses an FMLA designation;
• Selecting the best FMLA leave calendar year for your organization;
• What to do when vacations and/or holidays fall during an employee’s FMLA leave;
• Rules regarding “making up” FMLA leave;
• Handling suspected FMLA abuse without running afoul of the law;
• How to manage employee leave without risking claims of interference;
• How to legally discharge employees who are on or just returned from FMLA leave; and
• How to train supervisory staff to avoid asking questions or taking action that can spark liability.

3:30 p.m. – 4:00 p.m.
Day 1 Q&A Session

Have lingering questions about points raised during the first day of this intensive FMLA hypo-driven workshop, or want to revisit a fundamental concept or two from earlier in the day? Take advantage of this opportunity to get clarification from the presenter before you wrap up for the day.

Day 2—Intensive Workshop Addressing the Real-Life Application of FMLA Rules, DOL Regulations, and Court Rulings

12:00 p.m. – 1:00 p.m.
Mastering the Tough FMLA Issues

It’s one thing to grasp individual FMLA rules, but it’s another thing entirely to put those pieces together in the real world. For example, intermittent leave seems pretty straightforward on paper, but how employers really manage it is another story. What about temporary light-duty positions and fluctuating work schedules? Reinstatement after leave? And finally, how do you handle an FMLA investigation by the Department of Labor (DOL)? This session will help you learn:

• Policies and procedures employers should have in place to track and manage FMLA leave;
• What “intermittent” means and how the 12-week FMLA entitlement is calculated when an employee takes intermittent or reduced-schedule;
• When an employer must designate time off as FMLA leave—even when the employer or the employee would prefer not to;
• How to handle leave duration;
• How to calculate leave for fluctuating work schedules;
• The rules regarding substitution of various types of paid leave for FMLA leave;
• When employees have job reinstatement rights and when they do not;
• How eligibility requirements are clarified for employees who are jointly employed;
• Tips on how to effectively manage an FMLA investigation by the DOL; and
• How to conduct a successful self-audit to ensure compliance with FMLA and its policies.

1:00 p.m. – 1:15 p.m.
Break

1:15 p.m. – 2:15 p.m.
All Together Now: Coordinating FMLA with ADA, Workers’ Comp, and State Family Leave Laws

The FMLA seems pretty comprehensive, but it’s not the only law that applies when employees need time off for their own serious health condition, to care for a family member, or for other reasons. You need to know when other laws create different obligations—and how their requirements work in tandem with the FMLA. In this session, we’ll cover:

• How the FMLA and the Americans with Disabilities Act (ADA) interact;
• How to balance your obligations under the FMLA, ADA, and other laws;
• When you should offer leave as a reasonable accommodation under the ADA, including a discussion of ADA leave cases and agency guidance;
• How to offer accommodations other than leave without violating the FMLA;
• When you can require employees to take FMLA leave concurrently with workers’ comp leave; and
• Recent developments in state leave laws, including paid sick leave, family leave, pregnancy accommodation, and other trends.

2:15 p.m. – 2:30 p.m.
Break

2:30 p.m. – 3:30 p.m.
Intensive Workshop: Practical Application of FMLA Regulations and Court Rulings

During this highly interactive portion of the FMLA Master Class, your trainer will walk you through a series of scenarios demonstrating the real-life FMLA issues that stump even the most seasoned HR practitioners.

You’ll have the opportunity to discuss issues with the presenter and fellow attendees to determine the correct course of action to take based on the facts presented and your knowledge of fundamental FMLA compliance principles.

Recent court rulings, long-standing case law precedent, DOL interpretations, opinion letters, and regulations—as well as the trainer’s own experiences in advising clients—are interwoven into this engaging afternoon workshop, with the goal of providing you with actionable insights into the tricky FMLA issues that come up in daily work life.

You’ll dive deep into:

1. Addressing issues with medical certifications and what to do when:

• Certification submitted by the employee is not sufficient
• The employee does not return the certification
• The employee refuses to update the certification if the need for leave changes
• The employee does not submit fitness-for-duty certification at the end of leave

2. Intermittent leave:

• Certification of the need for intermittent leave
• Specific information on when leave is needed and the expected frequency and duration
• What to do if an employee uses more leave than expected
• What to do when an employee has a chronic case of "Monday-Friday absence-it is”
• Whether an employer can require a “fitness-for-duty” certification when an employee takes intermittent leave

3. Reduced-schedule leave:

• Certification and specific information on reduced hours and expected duration
• Updating certification
• Tracking leave time

4. FMLA during holidays and shutdowns:

• How to “count” FMLA leave during holidays
• Administering FMLA leave during extended plant or office shutdowns
• Determining whether an employee on FMLA leave during holidays is entitled to holiday pay

5. Addressing performance issues that arise before the request for leave:

• What to do when an employee requests FMLA leave in the midst of the disciplinary process or just before discipline or termination steps are taken
• Addressing performance issues that arise during intermittent or reduced-schedule leave
• Addressing performance issues discovered while an employee is on leave
• Reductions in force while the employee is on FMLA leave

6. Return to work—what to do if an employee is:

• Not able to return to work at the end of leave (ADA considerations)
• Cleared to return to work with restrictions
• Temporarily unable to perform essential functions
• Unable to perform essential functions in the long term

3:30 p.m. – 4:00 p.m.
Final Q&A with Presenter

Still have questions about the information that was covered? Use this chance to get custom guidance to all your burning questions before the course comes to a close.

— Agenda subject to change —

2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management

Schedule

July — Class Schedule (Eastern time)

October — Class Schedule (Eastern time)

2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management

Speakers

July 12-13 | October 11-12

Mallory Herrin, SPHR, SHRM-CP, CPLC
CEO & Principal HR Consultant, Herrin HR

Mallory Herrin is an experienced human resources consultant and industry recognized thought leader, serving small and mid-size businesses as HerrinHR’s CEO and Principal HR Consultant. Mallory guides the human resources function for clients across a variety of industries throughout the United States.

Mallory is a frequent speaker at HR conferences, the author of Intentional HR: A Revolution in Strategic Thinking, and a recurring guest on podcasts including HR Insider. In addition to holding certifications from both HRCI and SHRM, she is also a certified coach and has over 18 years of HR experience.

2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management

Frequently Asked Questions

What computer set-up do I need to attend this class?

This will be hosted on Zoom. Attendees should have access to a computer that has a microphone and speakers/headphone connection to participate. There is also an option to dial in if needed. You can read the full system requirements for Zoom by visiting https://support.zoom.us/hc/en-us/articles/201362023-Zoom-system-requirements-Windows-macOS-Linux. You can also test your system by visiting https://support.zoom.us/hc/en-us/articles/115002262083-Joining-a-test-meeting.

For the best overall and highest quality connection experience we recommend using the Zoom Meetings application, but if you cannot download or run the application, you may join via a Google Chrome, Mozilla Firefox, or Safari web browser by going to https://join.zoom.us/, clicking on “Join a Meeting” at the top of the window, and entering the meeting information; please be sure to enter your full name when prompted. You can also click on the link provided and choose “Join from Your Browser” at the bottom of the window (just cancel the app initiation as needed). For complete instructions see https://support.zoom.us/hc/en-us/articles/201362593-Launching-Zoom-from-a-web-browser.

2023 FMLA Virtual Master Class: Basic Skills for Employee Leave Management

Credit Informtion

July 12-13, 2023 | October 11-12, 2023

The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®)  criteria for recertification credit pre-approval.
HR Certification Institute’s® (www.HRCI.org) official seal confirms that Business & Legal Resources (BLR) meets the criteria for pre-approved recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®.
This Program has been approved for 7  HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).
For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The credits expire 12/31/2023.

Business & Learning Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 7 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification.
The credits expire 12/31/2023.

Business & Learning Resources (BLR) is recognized by HCI to offer recertification credits toward a 3-year HCI Certification. This program is valid for 7 HCI Credits. For more information about recertification, please visit the HCI Certification website at www.hci.org/hci-recertification.