VEChannel Event Profile

FMLA Administration – Intermediate Skills Part II

FMLA is much more complicated and challenging than most employers realize. Years after its passage, the Family Medical Leave Act continues to cause consternation and headaches for businesses and HR professionals. And more and more, plaintiffs attorneys are recognizing the opportunity to bring a successful FMLA cause of action through the court system. Did you know that when an employee misses work, it is the employers responsibility, NOT the employees responsibility, to determine whether FMLA applies? And if it does apply, the employee must be notified in writing within two business days. Well help you understand how to comply with all of the FMLAs complicated notice and designation requirements. Well even help you understand what to do in the face of conflicting circuit court decisions on this issue. And, well make sure that you understand all six criteria that define an FMLA serious health condition. Using numerous examples to illustrate how the rules work in actual practice, we will cover: Notice timing, distribution, and content requirements Posted Notices General Notices Specific Notices Designation of leave Employers responsibility to identify eligibility and notify employees Retroactive designation rules Certification of medical condition Employee responsibilities Equivalent positions Employment and benefit protection Special rules for schools In discussing each of these important concepts, we will address many tricky issues that can arise in the administration of FMLA, including: What must be included in the general (or "policy") notice to properly describe FMLA entitlements and employer and employee obligations under FMLA (as well as what employerspecific information must be included) When and how the written specific notice should be provided to employees who experience an FMLA leave The contents of the specific notice, including details of the expectations and obligations of the employee and the consequences of failure to meet those obligations What to put into the specific notice to cover situations where FMLA is inadvertently granted to an ineligible employee When and how to use a "preliminary designation" for a possible FMLA absence (sometimes called conditional FMLA) How to circumvent the HIPAA privacy rules when requiring a medical certification from a provider How to deal with employees who dont follow the paperwork requirements How to proceed if an employee goes out on maternity leave and puts a note on her desk stating the she will be using 12 weeks of FMLA and will not be returning to work How the Supreme Courts decision in Ragsdale v. Wolverine simplifies some of the reporting requirements FMLA also provides that an employer may (but is not required to) require medical certification, second opinions, and recertifications from health care providers and employees. We will also address when and how these certifications should be utilized, including what the employer can and cant require, and how HIPAA privacy affects the medical certification process. Webcast Materials Every registrant will receive copies of the presentation slides, unlimited access to the archived version of the webcast for up to three months from the date of the presentation, and, following the webcast, a copy of all of the questions submitted during the webcast along with the answers to the questions. Cant Attend The Live Version? No problem! You can view the exact same presentation as many times as you like up to December 23! Simply click the "Add To Cart" button below to enroll. You will then be sent a link to view the presentation and an email with a copy of the presentation slides and other course handout materials, including the Q&As from the live presentation.

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